Proposed 2017 Chief Executive Election Reforms in Hong Kong

Proposed 2017 Chief Executive Election Reforms in Hong Kong

Updated June 1, 2015
Proposed 2017 Chief Executive Election Reforms in Hong Kong
On April 22, 2015, Chief Secretary (CS) Carrie Lam Cheng
June 17 in hopes that Legco may vote on the bill before its
Yuet-ngor presented to Hong Kong’s Legislative Council
2015 summer recess.
(Legco) and the Hong Kong people the main components of
proposed legislation to alter the manner by which the city’s
Main Recommendations of the Proposal
Chief Executive (CE) is to be selected in 2017. The
Although CS Lam’s announcement contained few surprises,
proposed election reforms may represent a significant step
it reflected a fairly conservative approach to election
in the democratization of the city’s political system or a
reforms, largely transferring many of the elements of the
setback for the hope of many residents of Hong Kong for
current Election Committee (EC) over to the formation of
the election of a CE by genuine universal suffrage.
the Nominating Committee (NC). Among the main
recommendations of the Hong Kong Government’s
CS Lam’s announcement reflects Step 3 in a six-step
proposal are that:
process prescribed by China’s central government to amend
the provisions in Hong Kong’s main constitutional
 A 1,200-member Nominating Committee be formed
document, the Basic Law, governing the CE’s selection (see
consisting of the same 4 sectors and 38 subsectors that
text box, “Amending the Basic Law”). Step 1 was
constitute the current Election Committee, and NC
completed on July 15, 2014, when CE Leung Chun-ying
members serve a five-year term;
(C.Y. Leung) submitted a report to China’s National

People’s Congress Standing Committee
The allocation of NC seats among the subsectors, the
(NPCSC) on the
manner of selecting the members of each subsector, and
need for election reform. Step 2 was completed on August
the electorate of each subsector shall remain largely
31, 2014, when the NPCSC released its decision in
response to the CE’s repo
unchanged (except for technical adjustments);
rt.
 The NC shall approve two or three nominees in two
Amending the Basic Law
stages. In the first stage, each NC member may
recommend one person for consideration. To be eligible
In 2004, the NPCSC released a decision establishing a six-step
for NC consideration, a person must receive 120
process to amend the Basic Law’s provisions for selecting the
recommendations. Each person will be allowed to
Chief Executive. Those steps are:
receive no more than 240 recommendations. In the
Step 1—Chief Executive submits report to the NPCSC “as
second stage, each NC member shall vote by secret
regards to whether there is a need to make an amendment.”
ballot for at least two candidates and the two or three
Step 2—The NPCSC determines if there is a need to amend
candidates who receive the most votes and at least 601
Annex I of the Basic Law.
votes shall be the official nominees presented for a vote
Step 3—The Chief Executive submits legislation to amend
by all eligible Hong Kong voters.
Annex I of the Basic Law to the Legislative Council for
 The popular vote will be held using the “first-past-the-
consideration.
post” system, in which the nominee with the most votes
Step 4—The Legislative Council approves the legislation (with
is declared the winner. To win, a nominee will not have
possible amendments) by a two-thirds majority of its members.
to receive a majority of the popular vote.
Step 5—The Chief Executive consents to the approved
Uncertain Prospects in Legco
legislation and submits to the NPCSC for approval.
To be approved, the legislation must receive the support of
Step 6—The NPCSC approves the legislation.
two-thirds of Legco, or 47 of its 70 members. Under the
The NPCSC’s decision approved the selection of the next
terms of a NPCSC 2004 decision interpreting the Basic
CE by universal suffrage contingent upon the establishment
Law, Legco members will not be allowed to propose any
of a Nominating Committee “in accordance with the
amendments to the CE election reform bill introduced by
number of members, composition and formation method
the Hong Kong government.
of” the 1,200 member Election Committee that currently
selects the Chief Executive. The NPCSC decision also
Following CS Lam’s presentation to Legco, many of the 27
stipulated that the Nominating Committee nominate only
Legco members who constituted a coalition commonly
two or three candidates, and that each candidate receive the
referred to as the “pan-democrats” publicly reiterated their
support of a majority of the Nominating Committee
commitment to vote against any proposal that complied
members. As explained below, many in Hong Kong
with the NPCSC’s August 2014 decision. All but one of the
objected to this decision arguing that the Nominating
remaining 43 Legco members, commonly known as “pro-
Committee so constructed potentially would screen out pro-
establishment” because they generally support the Hong
democracy candidates. The Hong Kong government will
Kong government’s proposals to Legco, announced they
formally introduce the proposed legislation to Legco on
would vote in favor of the proposal.
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Proposed 2017 Chief Executive Election Reforms in Hong Kong
The pan-democrats object to the NPCSC’s August 2014
Public discussion about the prospects for universal suffrage
decision and the proposal outlined in CS Lam’s
in the 2017 CE elections began in 2013 and the Hong Kong
presentation to Legco because they view the Nominating
government formally announced the first round of public
Committee as a means of screening out pro-democracy
consultation on the issue on December 4, 2013. During the
candidates. Some pan-democrat Legco members
spring of 2014, there was extensive debate over alternative
interviewed by CRS calculate that their candidates can
models for selecting the CE by universal suffrage in 2017.
receive at most 250 votes from the current Election
Committee. With the proposed Nominating Committee
Pro-Democracy Protests in Hong Kong
composed and operating largely in the same way as the
The release of the NPCSC’s August 2014 decision and its
Election Committee, the pan-democrats consider it is highly
restrictions on the nomination process touched off large-
unlikely that a candidate backed by the pan-democrats
scale protests in Hong Kong that became known as “the
would be nominated.
Umbrella Movement.” For 79 days in 2014, protesters
occupied the streets near Hong Kong’s main government
About 50 Legco members met with senior Chinese officials
office buildings and elsewhere in the city in a call for
in Shenzhen on May 31 to discuss the proposed election
“genuine universal suffrage” in the selection of the city’s
reforms. Following the meeting, NPCSC Basic Law
next Chief Executive. After the Hong Kong police forcibly
Committee Chairman Li Fei reportedly indicated that the
broke up the protests, new groups organized new protests,
NPCSC would not modify its August 2014 decision.
continuing the call for “genuine universal suffrage.”
If the 27 pan-democrats remain firm in their commitment to
Meanwhile, public opinion polls present a mixed picture of
vote against the CE election reform proposal, the bill will
attitudes toward the election reforms. A joint poll by several
fail to receive the necessary two-thirds vote, and the current
Hong Kong university research centers from late May 2015
method of selecting the CE will remain in place. However,
found that a slight plurality (45.9% vs. 35.2%) indicated
some of the pan-democrats hope that the NPCSC may
they thought that Legco should support election reform that
reconsider its August 2014 decision when it meets this
complies with the NPCSC’s August 2014 decision.
summer, if the current proposal is defeated in Legco. To
date, the NPCSC has given no indication that it is willing to
Implications for Congress
reexamine its August 2014 decision.
The U.S.-Hong Kong Policy Act of 1992 (P.L. 102-383)
states that it is in U.S. interests to support the
China’s “Promise” of Universal Suffrage
democratization of Hong Kong. It also continues Hong
in Hong Kong
Kong’s separate treatment from China under existing
In 1990, China’s National People’s Congress (NPC) passed
bilateral agreements unless the President determines and
the Basic Law of the Hong Kong Special Administrative
certifies to Congress that Hong Kong is no longer
Region of the People’s Republic of China (Basic Law),
sufficiently autonomous to warrant such treatment.
setting up the governance system for the city after its
Following the release of the CE election reform proposal, a
transfer from British to Chinese sovereignty on July 1,
spokesperson for the U.S. Consulate in Hong Kong was
1997. Articles 45 and 68 of the Basic Law state that “the
quoted as saying, “[W]e believe that the legitimacy of the
ultimate aim” is for the election of the Chief Executive and
CE will be greatly enhanced if the Chief Executive is
all the members of Legco by universal suffrage,
selected through universal suffrage and Hong Kong’s
respectively. For nearly two decades, various political
residents have a meaningful choice of candidates.”
groups have been pushing for the Chinese central
government to fulfill what they regard as the “promise” of
The Hong Kong Human Rights and Democracy Act (H.R.
the Basic Law for universal suffrage in Hong Kong.
1159) would amend the U.S.-Hong Kong Policy Act to
require the Secretary of State certify to Congress “whether
In December 2007, during a time of political protests in
Hong Kong is sufficiently autonomous to justify separate
favor of the CE’s selection by universal suffrage, the
treatment different from that accorded the People’s
NPCSC released a decision indicating that universal
Republic of China in any new laws, agreements, treaties, or
suffrage could not be used to select the CE in 2012, but
arrangements entered into between the United States and
may be allowed in 2017. The decision also stated that the
Hong Kong.”
Legco may be elected by universal suffrage only after the
CE was selected by universal suffrage. To many observers,
Michael F. Martin, Specialist in Asian Affairs
the NPCSC’s 2007 decision set a timeline for the adoption
of universal suffrage in Hong Kong.
IF10210

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Proposed 2017 Chief Executive Election Reforms in Hong Kong

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