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1 1 (October 18, 2019)

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Hong Congressional Research Service

    I fo rg the legislative debate s nce 1914



Hong Kong's Legislative Council (Legco)


The United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5701, P.L. 102-383) states, Support for
democratization is a fundamental principle of United States
foreign policy. The development of Hong Kong's
Legislative Council, or Legco, has been a fundamental part
of Hong Kong's complex and incomplete process of
democratization, and as such has become a key concern of
some U.S. policymakers.

As currently constituted, some of Legco's members are
elected via a democratic process, and others are selected by
a restricted mandate. Under the 1990 Chinese law
establishing the governance system for the Hong Kong
Special Administrative Region (HKSAR) of the People's
Republic of China (PRC), known as the Basic Law, the
ultimate aim is the election of all the members of the
Legislative Council (as well as the Chief Executive) by
universal suffrage in accordance with the principle of
gradual and orderly progress. As a result, Legco plays a
critical role in both an assessment of democratization in
Hong Kong, as well as progress toward democratization.

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
vote in one geographical and one functional constituency.

The PRC government objected to the manner by which the
1995 Legco was selected, and appointed a 60-member
Provisional Legco on December 21, 1996, which assumed
office on July 1, 1997, the day on which the United
Kingdom transferred sovereignty over Hong Kong to
China. On May 24, 1998, the first Legco under Chinese
sovereignty was chosen, consisting of 60 members: 20
elected by universal suffrage, 30 selected by limited
suffrage through 28 functional constituencies, and 10
appointed by the Election Committee. The electors in the 28
functional constituencies included individuals, corporations,
and organizations. Between 1998 and 2004, the number of
Legco members selected by the Election Committee was
gradually reduced to zero, with the seats being reallocated
to the five geographical constituencies.

Legco now has 70 members, with 35 elected by universal
suffrage in 5 geographical constituencies, 30 chosen
through limited suffrage in 28 functional constituencies,


Updated October 18, 2019


and 5 District Council members elected by voters ineligible
to vote in the functional constituencies, the so-called super
seats (see Table 1). Elections are held every four years.
Many analysts maintain that the system gives certain groups
disproportionate influence in Legco. For instance, the
financial sector seat is chosen by 125 financial institutions,
while the five district council (second) seats are elected by
nearly 3.5 million people.

Table I. Legco's Geographical and Functional
Constituencies in 2016
(Number of seats and number of registered electors in 2016)

Constituency                          Seats    Electors
Geographical Constituencies:
    Hong Kong Island                       6    627,804
    Kowloon East                           6    601,566
    Kowloon West                           5    488,129
    New Territories East                   9    975,071
    New Territories West                   9   1,086,515
Functional Constituencies:
    Accountancy                            I     26,008
    Agriculture and Fisheries              I        152
    Architectural, Surveying, Planning,    I      7,371
      and Landscape
    Catering                               I      5,485
    Commercial (First)                     I      1,045
    Commercial (Second)                    I      1,491
    District Council (First)               I        431
    District Council (Second)              5   3,473,792
    Education                              I     88,185
    Engineering                            I      9,406
    Finance                                I        125
    Financial Services                     I        622
    Health Services                        I     37,423
    Heung Yee Kuk                          I        147
    Import and Export                      I      1,400
    Industrial (First)                     I        544
    Industrial (Second)                    I        769
    Information Technology                 I     12,115
    Insurance                              I        134
    Labour                                 3        668
    Legal                                  I      6,773
    Medical                                I     11,191
    Real Estate and Construction           I        714
    Social Welfare                         I      13,824
    Sports, Performing Arts, Culture,      1      2,920
      and Publications
    Textiles and Garments                  I      2,332
    Tourism                                I      1,426
    Transport                              I        195
    Wholesale and Retail                   I      6,727
Source: Hong Kong Electoral Affairs Commission.
Note: Figures in italics include both individual and
corporate/organizational electors.


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