Updated October 2, 2020
Hong Kong’s Legislative Council (Legco)
The United States-Hong Kong Policy Act of 1992 (22
Brief History of Legco
U.S.C. 5701, P.L. 102-383) states, “Support for
Legco has a history going back over 170 years marked by
democratization is a fundamental principle of United States
some progress—and some setbacks—in democratization.
foreign policy.” The democratization of Hong Kong’s
The first Legco met in 1844, when the city was a British
Legislative Council, or Legco, is one indicator of the city’s
colony. All Legco members were appointed by Hong
promised high degree of autonomy from the People’s
Kong’s Governor until 1985, when 24 of the 57 members
Republic of China (PRC), and as such has become a key
were selected by limited suffrage. In 1995, the last Legco
concern of some U.S. policymakers.
under British rule consisted of 30 members selected by 29
“functional constituencies” representing social and
The postponement of the Legco elections scheduled for
economic sectors, 20 members elected by universal suffrage
September 6, 2020, for a year has raised questions about the
in 20 geographical constituencies, and 10 members selected
commitment of the Chinese and Hong Kong governments
by an Election Committee. Every registered voter could
to democratic reform, and the provisions of the Basic Law.
vote in one geographical and one functional constituency.
It also presented a challenge to the current pro-democracy
Legco members on whether to continue to serve in office,
The PRC government objected to the manner by which the
or resign over the delay in the elections.
1995 Legco was selected, and appointed a 60-member
Provisional Legco on December 21, 1996, which assumed
The Basic Law and Legco
office on July 1, 1997. On May 24, 1998, the first Legco
The Basic Law, a law passed by China’s National People’s
under PRC sovereignty was chosen, consisting of 20
Congress (NPC) in 1990, “authorizes the Hong Kong
members elected by universal suffrage, 30 selected by
Special Administrative Region (HKSAR) to exercise a high
limited suffrage through 28 functional constituencies, and
degree of autonomy and enjoy executive, legislative and
10 appointed by the generally pro-PRC Election
independent judicial power, including that of final
Committee, which selects Hong Kong’s Chief Executive.
adjudication, in accordance with the provisions of this
Law.” The Basic Law also states that “the ultimate aim” is
Political Parties and Coalitions
the election of “all the members of the Legislative Council”
Hong Kong’s political parties can be divided into two
(as well as the Chief Executive) by universal suffrage. In
informal coalitions. During the 2016 Legco elections, the
addition, it stipulates that any proposal to amend the Basic
“pro-democracy” coalition consisted of the older “pan-
Law—including those that would change Hong Kong’s
democrat” parties (such as the Civic Party and the
election system—must be approved by at least two-thirds of
Democratic Party) and new political parties that emerged
all Legco members, as well as the Chief Executive, two-
out of the 2014 Umbrella Movement. The “pro-
thirds of the HKSAR’s deputies in the NPC, and the
establishment” coalition contains a mixture of business and
National People’s Congress Standing Committee (NPCSC).
trade union leaders who are generally supportive of the
As a result, Legco plays a critical role in both an assessment
PRC and HKSAR governments. In general, the “pro-
of the current status of democracy in Hong Kong, as well as
democracy” coalition supports more rapid democratization,
progress toward greater democratization.
while the “pro-establishment” coalition abides by the
preferences of the PRC government.
Under current HKSAR law, Legco has 70 members, with
35 elected by universal suffrage in 5 geographical
The HKSAR’s 6th Legislative Council
constituencies, 30 chosen through limited suffrage in 28
Candidates from 19 separate parties, as well as 12
functional constituencies, and 5 District Council (Second)
independent candidates, won seats in the 6th Legco elections
members elected by voters ineligible to vote in the
held in September 2016. The 2016 Legco elections also saw
functional constituencies, the so-called “super seats.” Each
7 candidates from 5 new pro-democracy political parties
Legco is to serve for four years. The term of the 6th Legco
nominate candidates and win seats. Six of the elected
since sovereignty over Hong Kong was transferred from the
candidates, including four from the new political parties
United Kingdom to the PRC on July 1, 1997, was to have
and two from the traditional pan-democrats, however, were
ended on September 30, 2020.
subsequently disqualified by Hong Kong’s High Court.
The division of Legco members into geographical and
Disqualifications and By-Elections
functional constituencies gives certain groups
After the 2016 elections were held, PRC and HKSAR
disproportional representation in Legco. For instance, in the
officials undertook measures that led to the disqualification
2016 election, the financial sector seat was chosen by 125
of several elected pro-democracy Legco members, and
financial institutions, while the five District Council
prevented the nomination of pro-democracy candidates in
(Second) seats were elected by nearly 3.5 million people.
special by-elections. Legco President Andrew Leung
Kwan-yuen, a member of the pro-establishment coalition,
https://crsreports.congress.gov

---

link to page 2
Hong Kong’s Legislative Council (Legco)
ruled invalid the oaths taken by five Legco-elect members
pro-democracy candidate Lau Siu-lai had been improperly
on October 12, 2016, including those given by new political
disqualified from running in the by-election.
party members Leung Chung-hang and Yau Wai-ching. On
October 18, the HKSAR government filed a suit in Hong
Postponed 2020 Elections
Kong’s High Court to prohibit Leung and Yau from
On July 31, 2020, HKSAR Chief Executive Carrie Lam
retaking their oaths. On November 7, 2016, while the oath
Cheng Yuet-ngor announced that Legco elections scheduled
case was still pending in the High Court, the NPCSC issued
for September 6, 2020, would be postponed until September
an “interpretation” of Article 104 of the Basic Law,
5, 2021, citing the public health risk of holding the elections
mandating that all Hong Kong public officials must
during the Coronavirus Disease 2019 (COVID-19)
“accurately, completely and solemnly read out the oath
pandemic. On August 11, 2020, China’s National People’s
prescribed by law.” On November 15, the High Court ruled
Congress Standing Committee (NPCSC) extended the term
that Leung and Yau had “declined” to take their oaths when
of office for the 6th Legco members for an additional year.
they made additional statements during the oath-taking. The
HKSAR government subsequently filed suits against two
The Hong Kong Bar Association questioned the legality of
pan-democrats and two new political party members
the election postponement, saying it was inconsistent with
alleging that their oaths were not valid. On July 14, 2017,
the Basic Law and local election ordinances. The 24 pro-
the High Court disqualified all four Legco members.
democracy Legco members had to decide if they would
serve as a Legco member after the start of a new session on
Figure 1. Political Composition of the 6th Legco,
October 14 or resign in protest. Three pro-democracy
Following the By-Elections and Disqualifications
members, Ray Chan Chi-chuen, Tanya Chan, Eddie Chu
Hoi-dick, chose to step down.
As a result, Legco has 21 pro-democracy members and 42
pro-establishment members, including Legco President
Leung. Because the pro-democracy coalition does not have
a majority of geographical constituency members, they
cannot block legislation proposed by the HKSAR
government. However, because they hold more than a third
of the seats (the Legco President does not vote on
legislation), they can block amendments to the Basic Law
or disciplinary actions in Legco to remove a member.
U.S. Policy
On July 14, 2020, President Trump signed the Hong Kong
Autonomy Act (P.L. 116-149) which, among other things,
authorizes the imposition of sanctions on “foreign persons”
responsible for the PRC government’s failure to abide by its
commitments under the Basic Law, including the transition
to democracy. On the same day, President Trump issued
Executive Order 13936, which permits the sanctioning of
Source: CRS.
“any foreign person” responsible for “actions or policies
Note: By-elections were held in March and November 2018 to fil 5
that undermine democratic processes or institutions in Hong
of the 6 vacant seats resulting from the High Court’s disqualifications.
Kong,” or “responsible for or involved in developing,
adopting, or implementing” the National Security Law for
By-elections were held in March and November 2018 to fill
Hong Kong that was passed by the NPCSC (see CRS
five of the six vacant seats (see Figure 1). Pan-democratic
Report R46473, China’s National Security Law for Hong
candidates won two geographical constituency seats
Kong: Issues for Congress). On August 7, 2020, the
(previously held by new political party members); pro-
Department of the Treasury imposed financial sanctions on
establishment candidates won two geographical
11 HKSAR and PRC officials, including Chief Executive
constituency seats (previously held by new political party
Lam, “for undermining Hong Kong’s autonomy and
members); and one functional constituency seat (previously
restricting the freedom of expression or assembly of the
held by a pan-democrat).
citizens of Hong Kong.” The Department of State
reportedly also has subjected the 11 sanctioned officials to
On December 17, 2019, Hong Kong’s High Court ruled that
entry visa restrictions. Under Treasury’s sanctions, “all
Au Nok-hin and Gary Fan Kwok-wai, who won seats in the
property and interest in property” of the sanctioned
by-elections, were not properly elected because Agnes
individuals in the United States or held by U.S. persons are
Chow Ting and Ventus Lau Wing-hong were improperly
frozen, and it is illegal for U.S. persons to make “any
prohibited from running in the by-election by Hong Kong’s
contribution or provision of funds, goods, or services by, to,
Electoral Affairs Commission (EAC). Because the next
or for the benefit of” the sanctioned individuals.
Legco elections were scheduled for September 6, 2020, the
EAC decided not to hold another by-election, leaving
vacant three Legco seats. On September 17, 2020, pro-
Michael F. Martin, Specialist in Asian Affairs
establishment Legco member Rebecca Chan Hoi-yan was
IF10500
removed from office following a High Court ruling that
https://crsreports.congress.gov

---

Hong Kong’s Legislative Council (Legco)


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
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF10500 · VERSION 19 · UPDATED

---