Updated August 5, 2020
Hong Kong’s Legislative Council (Legco)
The United States-Hong Kong Policy Act of 1992 (22
have limited authority to introduce legislation. The Basic
U.S.C. 5701, P.L. 102-383) states, “Support for
Law also stipulates that any proposal to amend the Basic
democratization is a fundamental principle of United States
Law—including amendments that would change Hong
foreign policy.” The development of Hong Kong’s
Kong’s election system—must be approved by at least two-
Legislative Council, or Legco, has been a fundamental part
thirds of all Legco members, as well as the Chief Executive,
of Hong Kong’s complex and incomplete process of
two-thirds of the HKSAR’s 36 deputies in China’s National
democratization, and as such has become a key concern of
People’s Congress, and the NPCSC.
some U.S. policymakers.
Brief History of Legco
As currently constituted, some of Legco’s members are
Legco has a history going back over 170 years marked by
elected via a democratic process, and others are selected by
some progress—and some setbacks—in democratization.
a restricted mandate (see “Brief History of Legco” below).
The first Legco met in 1844, when the city was a British
Under the 1990 Chinese law establishing the governance
colony. All Legco members were appointed by Hong
system for the Hong Kong Special Administrative Region
Kong’s Governor until 1985, when 24 of the 57 members
(HKSAR) of the People’s Republic of China (PRC), or
were selected by limited suffrage. In 1995, the last Legco
“Basic Law,” “the ultimate aim” is the election of “all the
under British rule consisted of 30 members selected by 29
members of the Legislative Council” (as well as the Chief
“functional constituencies” representing social and
Executive) by universal suffrage. As a result, Legco plays a
economic sectors, 20 members elected by universal suffrage
critical role in both an assessment of democratization in
in 20 geographical constituencies, and 10 members selected
Hong Kong, as well as progress toward democratization.
by an Election Committee. Every registered voter could
vote in one geographical and one functional constituency.
On June 30, 2020, China’s National People’s Congress
Standing Committee (NPCSC) promulgated a national
The PRC government objected to the manner by which the
security law (NSL) for Hong Kong that broadly and
1995 Legco was selected, and appointed a 60-member
vaguely defines the crimes of secession, subversion,
Provisional Legco on December 21, 1996, which assumed
terrorist activities, and collusion with a foreign entity. The
office on July 1, 1997, the day on which the United
NSL also bans anyone convicted of a NSL crime from
Kingdom transferred sovereignty over Hong Kong to
becoming a Legco member for the rest of their lives.
China. On May 24, 1998, the first Legco under Chinese
sovereignty was chosen, consisting of 20 members elected
Partially in response to the promulgation of the NSL, on
by universal suffrage, 30 selected by limited suffrage
July 14, 2020, President Trump signed the Hong Kong
through 28 functional constituencies, and 10 appointed by
Autonomy Act (P.L. 116-149) which among other things,
the generally pro-PRC Election Committee, which selects
authorizes the imposition of sanctions on “foreign persons”
Hong Kong’s Chief Executive.
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.” The division of Legco members into
in developing, adopting, or implementing” the NSL.
geographical and functional constituencies gives certain
groups disproportional representation in Legco. For
On July 31, HKSAR Chief Executive Carrie Lam Cheng
instance, in the 2016 election, the financial sector seat was
Yuet-ngor announced that Legco elections scheduled for
chosen by 125 financial institutions, while the five District
September 6, 2020, would be postponed one year to
Council (Second) seats were elected by nearly 3.5 million
September 5, 2021, citing the public health risk of holding
people.
the elections during the Coronavirus Disease 2019
(COVID-19) pandemic. The postponement has raised
Political Parties and Coalitions
several questions about the legality of her action, and the
Hong Kong’s political parties can be divided into two
establishment of a legislative body to serve during the
informal coalitions. During the 2016 Legco elections, the
intervening year.
“pro-democracy” coalition consisted of the older “pan-
democrat” parties (largely based in the city’s white collar
The Basic Law and Legco
professionals and trade unions) and new political parties
The Basic Law established an executive-led government
that emerged out of the 2014 Umbrella Movement. After
headed by a Chief Executive under which Legco members
the NSL’s promulgation, several of the new political parties
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Hong Kong’s Legislative Council (Legco)
disbanded. The “pro-establishment” coalition contains a
they made additional statements during the oath-taking. The
mixture of business and trade union leaders who are
HKSAR government subsequently filed suits against two
generally supportive of the PRC and HKSAR governments.
pan-democrats and two new political party members
In general, the “pro-democracy” coalition supports more
alleging that their oaths were not valid. On July 14, 2017,
rapid democratization, while the “pro-establishment”
the High Court disqualified all four Legco members.
coalition prefers more a gradual transition.
By-elections were held on March 11, 2018, and November
The HKSAR’s 6th Legislative Council
25, 2018, to fill five of the six vacant seats (see Figure 1).
Candidates from 19 separate parties, as well as 12
Pan-democratic candidates won two geographical
independent candidates, won seats in the 6th Legco elections
constituency seats (previously held by new political party
held in September 2016. The 2016 Legco elections also saw
members); pro-establishment candidates won two
7 candidates from 5 new political parties nominate
geographical constituency seats (previously held by new
candidates and win seats. Six of the elected candidates,
political party members) and one functional constituency
including four from the new political parties and two from
seat (previously held by a pan-democrat).
the pan-democrats, however, were subsequently
disqualified by Hong Kong’s High Court.
On December 17, 2019, Hong Kong’s High Court ruled that
pan-democratic party members Au Nok-hin and Gary Fan
Figure 1. Political Composition of the 6th Legco,
Kwok-wai, who won seats in the by-elections, were not
Following the By-Elections and Disqualifications
properly elected because two new political party candidates,
Agnes Chow Ting and Ventus Lau Wing-hong, were
improperly prohibited from running for office by Hong
Kong’s Electoral Affairs Commission (EAC). Because the
next Legco elections had been already scheduled for
September 6, 2020, the EAC decided not to hold another
by-election, leaving vacant three Legco seats.
2020 Elections
Hong Kong was scheduled to hold Legco elections on
September 6, 2020, the first elections to be held under the
NSL. On July 31, Chief Executive Lam announced that she
was postponing the elections until September 5, 2021,
because of the public health risk of holding elections during
the COVID-19 pandemic.
Most of the pro-democracy parties and candidates
participated in an informal primary held on July 11 and 12
to select candidates for the Legco elections. More than
610,000 people, or over 13% of the eligible voters,
participated in the primary. Sixteen successful candidates
Source: CRS.
associated with the new political parties of the 2016
Note: By-elections were held in March and November 2018 to fil 5
elections have formed the “localist resistance camp,” but
of the 6 vacant seats resulting from the High Court’s disqualifications.
plan to work with the “pan-democrat” candidates in a joint
effort to win a majority of seats in Legco.
Oath Controversy, Disqualifications, and
By-Elections
On July 30, the EAC disqualified 12 of the pro-democracy
After the 2016 elections were held, PRC and HKSAR
Legco candidates, in part due their previous statements in
officials undertook measures that led to the disqualification
opposition to the NSL. Despite the postponement of the
of elected pro-democracy Legco members, and prevented
elections, Chief Executive Lam instructed the EAC to
the nomination of pro-democracy candidates in special by-
continue its review of the candidates’ nomination
elections. Legco President Andrew Leung Kwan-yuen, a
applications, and indicated that more disqualifications are
member of the pro-establishment coalition, ruled invalid the
likely to be made.
oaths taken by five Legco-elect members on October 12,
2016, including those given by new political party
The Hong Kong Bar Association and others have
members, Leung Chung-hang and Yau Wai-ching. On
questioned the legality of the postponement of the Legco
October 18, the HKSAR government filed a suit in Hong
elections, saying it is inconsistent with provisions in the
Kong’s High Court to prohibit Leung and Yau from
Basic Law and local election ordinances. According to the
retaking their oaths. On November 7, 2016, while the oath
Basic Law, Legco elections are to be held every four years,
case was still pending in the High Court, the NPCSC issued
making it unclear how to constitute a Legco to serve during
an “interpretation” of Article 104 of the Basic Law,
the intervening year. Chief Executive Lam has asked the
mandating that all Hong Kong public officials must
NPCSC to make a decision on the legality of her
“accurately, completely and solemnly read out the oath
postponement and how to form a provisional Legco.
prescribed by law.” On November 15, the High Court ruled
that Leung and Yau had “declined” to take their oaths when
Michael F. Martin, Specialist in Asian Affairs
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Hong Kong’s Legislative Council (Legco)
IF10500
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