Hong Kong’s Legislative Council (Legco)

Hong Kong’s Legislative Council (Legco)

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Updated November 23, 2020
Hong Kong’s Legislative Council (Legco)
The United States-Hong Kong Policy Act of 1992 (22
The Basic Law and Legco
U.S.C. §5701, P.L. 102-383) states, “Support for
The Basic Law, a law required by the Sino-British Joint
democratization is a fundamental principle of United States
Declaration and passed by China’s National People’s
foreign policy.” The democratization of Hong Kong’s
Congress (NPC) in 1990, “authorizes the Hong Kong
Legislative Council, or Legco, is one indicator of the city’s
Special Administrative Region (HKSAR) to exercise a high
promised high degree of autonomy from the People’s
degree of autonomy and enjoy executive, legislative and
Republic of China (PRC), and as such has become a key
independent judicial power, including that of final
concern of some U.S. policymakers.
adjudication, in accordance with the provisions of this
Law.” The Basic Law also states that “the ultimate aim” is
Since 2016, the PRC and the Hong Kong Special
the election of “all the members of the Legislative Council”
Administrative Region (HKSAR) governments have
(as well as the Chief Executive) by universal suffrage. As a
disqualified 13 Legco members and blocked the candidacy
result, Legco plays a critical role in both an assessment of
of several democracy advocates. In addition, HKSAR Chief
the current status of democracy in Hong Kong, as well as
Executive Carrie Lam Cheng Yuet-ngor postponed Legco
progress toward greater democratization.
elections scheduled for September 2020 for a year, citing
the public health risk posed by the coronavirus pandemic.
Under current HKSAR law, Legco is supposed to have 70
On November 17, 2020, 15 pro-democracy Legco members
members, with 35 elected by universal suffrage in 5
resigned following the disqualification of 4 other pro-
geographical constituencies, 30 chosen through limited
democracy Legco members. Disqualifications and
suffrage in 28 functional constituencies, and 5 District
resignations have reduced Legco, which is supposed to
Council (Second) members elected by voters ineligible to
have 70 members, to 41 pro-establishment coalition
vote in the functional constituencies, the so-called “super
members and 2 pro-democracy members (see Figure 1).
seats.” Each Legco is to serve for four years. The term of
the 6th Legco since sovereignty over Hong Kong was
Figure 1. Political Composition of the 6th Legco,
transferred from the United Kingdom to the PRC was to
Following the By-Elections, Disqualifications and
have ended on September 30, 2020, but has been extended
Resignations
to September 30, 2021.
The division of Legco members into geographical and
functional constituencies gives certain groups
disproportional representation in Legco. For instance, in the
2016 election, the financial sector seat was chosen by 125
financial institutions, while the five District Council
(Second) seats were elected by nearly 3.5 million people.
Brief History of Legco
Legco has a history going back over 170 years marked by
some progress—and some setbacks—in democratization.
The first Legco met in 1844, when the city was a British
colony. All Legco members were appointed by Hong
Kong’s Governor until 1985, when 24 of the 57 members
were selected by limited suffrage. In 1995, the last Legco
under British rule consisted of 30 members selected by 29
“functional constituencies” representing social and
economic sectors, 20 members elected by universal suffrage
in 20 geographical constituencies, and 10 members selected
by an Election Committee. Every registered voter could
Source: CRS.
vote in one geographical and one functional constituency.
The actions by the PRC government and HKSAR
The PRC government objected to the manner by which the
government have raised doubts about their commitment to
1995 Legco was selected, and appointed a 60-member
democracy in Hong Kong, the rights of Hong Kong
Provisional Legco on December 21, 1996, which assumed
residents, and their compliance with the Sino-British Joint
office on July 1, 1997. On May 24, 1998, the first Legco
Declaration, an international treaty specifying China’s
under PRC sovereignty was chosen, consisting of 20
obligations regarding the governance of Hong Kong after
members elected by universal suffrage, 30 selected by
July 1, 1997.
limited suffrage through 28 functional constituencies, and
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Hong Kong’s Legislative Council (Legco)
10 appointed by the generally pro-PRC Election
2020 Disqualifications and Resignations
Committee, which selects Hong Kong’s Chief Executive.
Prior to the extension of the 6th Legco’s term in office, four
of its current members had been judged ineligible to run for
Legco members have historically been divided into two
reelection, raising questions about their ability to remain in
informal coalitions—the “pro-establishment” coalition and
office. Chief Executive Lam asked the NPCSC to rule on
the “pro-democracy” opposition. The “pro-establishment”
their eligibility. On November 11, 2020, the NPCSC issued
coalition contains a mixture of business and trade union
a decision on the qualifications to serve in Legco, and the
leaders who are generally supportive of the PRC and
HKSAR government disqualified the four Legco members.
HKSAR governments. During the 2016 Legco elections,
The following day, 15 pro-democracy Legco members
the “pro-democracy” coalition consisted of the older “pan-
submitted their resignations in support of the four
democrat” parties (such as the Civic Party and the
disqualified members and in opposition to the actions of the
Democratic Party) and new political parties that emerged
NPCSC and the HKSAR government. In addition, two pro-
out of the 2014 Umbrella Movement.
democracy members resigned in protest of the elections’
postponement, and another resigned for health reasons. In
The 6th Legislative Council
June, a pro-establishment member resigned to become
Candidates from 19 separate parties, as well as 12
Secretary of Labour and Welfare. For more about these
independent candidates, won seats in the 6th Legco elections
events, see CRS Insight IN11533, Hong Kong Government
held in September 2016. The 2016 Legco elections also saw
Disqualifies Four Legislative Council Members.
7 candidates from 5 new pro-democracy political parties
win seats.
U.S. Policy
On July 14, 2020, President Trump signed the Hong Kong
Disqualifications and 2016 By-Elections
Autonomy Act (P.L. 116-149) which, among other things,
Following the 2016 elections, PRC and HKSAR
authorizes the imposition of sanctions on “foreign persons”
governments undertook measures to disqualify six elected
responsible for the PRC government’s failure to abide by its
pro-democracy Legco members, and prevent the
commitments under the Basic Law, including the transition
nomination of pro-democracy candidates in special by-
to democracy. On the same day, President Trump issued
elections. On October 18, the HKSAR government filed a
Executive Order 13936, which permits the sanctioning of
suit in Hong Kong’s High Court to prohibit new political
“any foreign person” responsible for “actions or policies
party members Leung Chung-hang and Yau Wai-ching
that undermine democratic processes or institutions in Hong
from retaking their oaths. On November 7, 2016, while the
Kong,” or “responsible for or involved in developing,
High Court case was still pending, China’s National
adopting, or implementing” the National Security Law for
People’s Congress Standing Committee (NPCSC) issued an
Hong Kong that was passed by the NPCSC (see CRS
“interpretation” of Article 104 of the Basic Law, mandating
Report R46473, China’s National Security Law for Hong
that all Hong Kong public officials must “accurately,
Kong: Issues for Congress). On August 7, 2020, the
completely and solemnly read out the oath prescribed by
Treasury Department imposed economic sanctions on 11
law.” On November 15, the High Court ruled that Leung
PRC and HKSAR officials, including Chief Executive Lam,
and Yau had “declined” to take their oaths when they made
citing the authority of EO13936. On October 14, 2020, the
additional statements during the oath-taking. In addition,
State Department imposed visa restrictions on the same
the HKSAR government subsequently filed suits against
people designated by the Treasury Department. On
two pan-democrats and two new political party members
November 9, 2020, the State Department and the Treasury
alleging that their oaths were not valid. On July 14, 2017,
Department designated an additional 4 PRC and HKSAR
the High Court disqualified these four Legco members.
officials to be subject to restrictions.
By-elections were held in March and November 2018 to fill
The Hong Kong People’s Freedom and Choice Act of 2020
five of the six vacant seats. Pan-democratic candidates won
(H.R. 8428, S. 4229), the Hong Kong Refugee Protection
two geographical constituency seats (previously held by
Act (S. 4631), the Hong Kong Safe Harbor Act (H.R. 7415,
new political party members); pro-establishment candidates
S. 4110), and the Hong Kong Victims of Communism
won two geographical constituency seats (previously held
Support Act (S. 3892) would address erosion of Hong
by new political party members); and one functional
Kong’s autonomy and the rights of its residents by
constituency seat (previously held by a pan-democrat).
providing Hong Kong residents with preferential or priority
Hong Kong’s High Court, however, disqualified three of
treatment when requesting refugee status or applying for
the by-election winners, ruling that Hong Kong’s Electoral
immigration to the United States. The Hong Kong Freedom
Affairs Commission (EAC) had improperly disqualified
Act (H.R. 6947) would authorize the President to recognize
pro-democracy candidates for the by-election.
Hong Kong as a separate and independent country from
China. The Hong Kong Be Water Act (S. 2758) would
Postponed 2020 Elections
direct the President to impose sanctions on, and freeze
On July 31, 2020, HKSAR Chief Executive Carrie Lam
assets belonging to, individuals and entities responsible for
Cheng Yuet-ngor announced that Legco elections scheduled
suppressing freedoms in Hong Kong.
for September 6, 2020, would be postponed until September
5, 2021, citing the public health risk of holding the elections
Michael F. Martin, Specialist in Asian Affairs
during the Coronavirus Disease 2019 (COVID-19)
pandemic. On August 11, 2020, the NPCSC approved the
IF10500
extension of the 6th Legco for an additional year.
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Hong Kong’s Legislative Council (Legco)

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