Hong Kong’s 2017 Chief Executive Elections

Hong Kong’s 2017 Chief Executive Elections

Updated March 27, 2017
Hong Kong’s 2017 Chief Executive Elections
On March 26, 2017, the Election Committee of the Hong
suffrage in 2017. On June 18, 2015, Hong Kong’s Legco
Kong Special Administrative Region of China (Hong Kong,
rejected proposed reforms that would have adopted the
or HKSAR) selected Carrie Lam Cheng Yuet-ngor to be the
election of the Chief Executive by universal suffrage
HKSAR’s next Chief Executive. Lam will be Hong Kong’s
because the nomination process was seen as too restrictive
first woman Chief Executive and the fourth Chief Executive
(see CRS Report R44031, Prospects for Democracy in
since Hong Kong reverted to Chinese rule on July 1, 1997,
Hong Kong: The 2017 Election Reforms (Update)).
after nearly 150 years as a British colony. She defeated two
other candidates, John Tsang Chun-wah and Woo Kwok-
The Election Process
hing. Lam is scheduled to assume office on July 1, 2017.
The Election Committee comprises 1,094 members chosen
by 36 designated subsectors of Hong Kong society, plus all
Hong Kong’s Chief Executive has to balance the role of
70 Legco members and Hong Kong’s 36 deputies to
representing the interests of Hong Kong with the policy
China’s National People’s Congress. Fewer than 250,000 of
directives of China’s central government. Tsang was the
Hong Kong’s nearly 3.8 million registered voters were
most popular candidate according to two major public
eligible to vote in the subsector elections held on December
opinion polls (see below), but Lam appeared to be the
11, 2016. As a result, many observers do not see the
candidate supported by
Election Committee as being “a broadly representative
China’s central
nominating committee,” as provided for in the Basic Law.
government. The
HKSAR government’s
The Election Committee also serves as the official
decision to bring charges
nominating committee for Chief Executive candidates.
against several of the
Candidates had to secure the written support of no fewer
leaders of the 2014 pro-
than 150 Election Committee members between February
democracy protests
14 and March 1, 2017, in order to be nominated. Three
known as the “Umbrella
candidates were able to secure the necessary 150-member
Movement” (see CRS In
support—Lam, Tsang, and Woo. A fourth candidate,
Focus IF10005, Protests
Regina Yip Lau Suk-yee, did not gain sufficient support.
in Hong Kong: The
“Umbrella Movement”
On December 9, 2016, current Chief Executive Leung
(Update)) the day after
Chun-ying announced he would not seek reelection for

Lam’s selection may
Carrie Lam Cheng Yuet-ngor,
family reasons. Some observers think he chose not to run
have offset goodwill
selected to be Hong Kong’s
because of waning support from China’s central
possibly generated by
next Chief Executive
government and his low popularity ratings among Hong
her acceptance speech in
Kong residents.
which she said, “My
priority will be to heal the divide and to ease the
To be selected as Chief Executive, a nominee must receive
frustration—and to unite our society to move forward.”
the support of no fewer than 601 of the 1,200 Election
Committee members. Lam won the election by securing
The Role of the Chief Executive
777 votes. Tsang and Woo received 365 and 21 votes,
China’s National People’s Congress established an
respectively.
executive-led government in Hong Kong in 1990 through a
mechanism known as the “Basic Law.” Although the Basic
The Chief Executive Elect
Law establishing the Chief Executive also provides for a
Carrie Lam (59) was a career civil servant in the Hong
Legislative Council (Legco) (see CRS In Focus IF10500,
Kong government from 1980 to 2017. Most recently, she
Hong Kong’s Legislative Council (Legco)), most
served as Chief Secretary for Administration, the top civil
administrative power resides in the hands of the Chief
service position in Hong Kong, from which she resigned on
Executive.
January 16, 2017, to run for Chief Executive.
The Basic Law, which many observers refer to as its mini-
Lam was a prominent representative of the HKSAR
constitution, states that “[t]he ultimate aim is the selection
government during the Umbrella Movement, and is
of the Chief Executive by universal suffrage upon
generally seen as supporting the government’s decision to
nomination by a broadly representative nominating
break up the protests. She also headed the HKSAR
committee in accordance with democratic procedures”
government’s Task Force on Constitutional Development,
(Article 45). The Chief Executive, however, has never been
which was responsible for drafting the proposed changes in
selected by universal suffrage, and despite the hopes of
electing the Chief Executive that would have permitted
many Hong Kong citizens, was not selected by universal
universal suffrage in 2017. The proposal, however, also
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link to page 2 Hong Kong’s 2017 Chief Executive Elections
created a restrictive nomination process in compliance with
Executive Leung and Chief Executive-elect Lam deny any
an August 2014 decision by China’s National People’s
knowledge that the arrests were pending. Hong Kong’s
Congress Standing Committee. The proposed election
Department of Justice issued a statement on March 27,
reforms were rejected by Legco in June 2015.
2017, cautioning against speculation on the timing of the
prosecution of people involved in the 2014 protests.
In December 2016, a controversy emerged around Carrie
Lam’s role in the approval of a proposed Palace Museum
The charges are seen by some in Hong Kong as a
by the Western Kowloon District’s cultural authority, of
continuation of an attempt by China’s central government
which Lam is the chair, without the usual public
and Chief Executive Leung to suppress local support for
consultation and transparency. Construction of the museum
greater Hong Kong autonomy. Two Legco members have
is supported by China’s central government. Hong Kong’s
been removed from office following a court decision that
anti-corruption agency, the Independent Commission
they did not take their oaths of office in accordance with
Against Corruption (ICAC) is reportedly investigating
prescribed procedure and requirements. They have appealed
Lam’s role in the approval of the Palace Museum.
their removal to Hong Kong’s Court of Final Appeal. Four
more Legco members are facing similar court challenges
Public Opinion Polls
filed by the HKSAR government for the pro-autonomy
The University of Hong Kong Public Opinion Programme
statements they made when they took their oaths of office.
(HKU-POP) and Lingnan University’s Public Governance
Programme (LU-PGP), two public opinion research groups
Implications for U.S. Relations
with a reputation for independence and objectivity,
Hong Kong’s next Chief Executive will confront many
conducted ongoing surveys of support among Hong Kong
challenges. The adoption of universal suffrage for future
residents for the Chief Executive candidates. Table 1 lists
Chief Executive and Legco elections will probably be
the results for the last surveys done before election day.
raised by Legco’s “pro-democracy” members. The new
Chief Executive reportedly may also face pressure from
Table 1. Support for Each Candidate According to
China’s central government to draft and approve legislation
Independent Public Opinion Polls
regarding sedition, as required by Article 23 of the Basic
Candidate
HKU-POP
LU-PGP
Law. In addition, the new leader will be pushed to address
pressing socio-economic issues, such as slowing economic
Carrie Lam
29%
25.1%
growth, loss of job opportunities, and the high cost of
John Tsang
56%
52.5%
housing. How the new Chief Executive addresses these
issues could be a litmus test of Lam’s public legitimacy in
Woo Kwok-hing
9%
8.3%
Hong Kong, thereby setting the context for Hong Kong’s
Source: HKU-POP, 2017 CE Election Rolling Survey; and LU-PGP,
relations with Mainland China, and with the United States.
2017 Chief Executive Opinion Poll Results (in Chinese).
The U.S.-Hong Kong Policy Act of 1992 (P.L. 102-383; 22
The Role of China’ Central Government
U.S.C. 5701 et seq.) states that “[s]upport for
China’s central government has no direct role in the
democratization is a fundamental principle of United States
Election Committee’s selection of the Chief Executive, but
foreign policy. As such, it naturally applies to United States
has authority under the Basic Law to accept or reject the
policy toward Hong Kong.” The act continues the United
selected candidate. Some Election Committee members
States’ separate treatment of Hong Kong from China under
claimed that they received phone calls from officials from
U.S. law unless the President determines and certifies to
China’s Liaison Office in Hong Kong, encouraging them to
Congress that Hong Kong is no longer sufficiently
support Lam. Some people have asserted that the alleged
autonomous to warrant such treatment.
phone calls may violate a Basic Law provision that
prohibits China’s central government officials from
The Hong Kong Human Rights and Democracy Act of
interfering “in the affairs which the [HKSAR] administers
2017 (S. 417) would require the Secretary of State to
on its own in accordance with this Law.”
provide an annual certification to Congress that Hong Kong
is “sufficiently autonomous” to justify separate treatment
The Role of Hong Kong’s “Pro-
from China. The bill also would reinstate an annual report
Democracy” Coalition
to Congress on the status of Hong Kong, impose visa and
A loose coalition of “pro-democracy” political parties was
financial restrictions on persons determined to be
able to place over 320 supporters on the Election
responsible for certain human rights violations in Hong
Committee. As a result, they could have potentially
Kong, and preclude the denial of U.S. entry visas to
nominated two “pro-democracy” candidates, but did not do
otherwise qualified applicants who were arrested or
so. The “pro-democracy” coalition nominated one of their
detained for their participation in non-violent protests in
members in the two previous Chief Executive elections
Hong Kong in 2014.
(2007 and 2012). This time, they split their support between
Tsang and Woo in the nomination and selection process.
Michael F. Martin, Specialist in Asian Affairs
Charges Against Umbrella Movement
IF10593
Leaders
The day after Lam’s selection, the HKSAR government
arrested nine leaders of the 2014 Umbrella Movement for
alleged creation of a public nuisance. Both current Chief
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Hong Kong’s 2017 Chief Executive Elections

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