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1 1 (July 23, 2020)

handle is hein.crs/govdbbf0001 and id is 1 raw text is: FF. ' ,iE ,E .$r , i , 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 (see Brief History of Legco below). 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), or 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. As a result, Legco plays a critical role in both an assessment of democratization in Hong Kong, as well as progress toward democratization. On June 30, 2020, China's National People's Congress Standing Committee (NPCSC) promulgated a national security law (NSL) for Hong Kong that broadly and vaguely defines the crimes of secession, subversion, terrorist activities, and collusion with a foreign entity. The NSL also bans anyone convicted of a NSL crime from becoming a Legco member for the rest of their lives. Partially in response to the promulgation of the NSL, 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 implicit transition to democracy. On the same day, President Trump issued Executive Order 13936, which permits the sanctioning of any foreign person responsible for actions or policies that undermine democratic processes or institutions in Hong Kong, or responsible for or involved in developing, adopting, or implementing the NSL. The Bais-, Law and Legc The Basic Law established an executive-led government headed by a Chief Executive under which Legco has limited powers. Legco members can introduce legislation, but the legislation cannot be related to public expenditure, political structure or operation of the government, and must have the written approval of the Chief Executive if pertaining to government policy. The Basic Law also stipulates that any proposal to amend the Basic Law including amendments that would change the election system for the Chief Executive or Legco must be approved by at least two-thirds of all Legco members, as well as the Chief Executive, two-thirds of the HKSAR's 36 - mmm, go mppm qq\ , q I aS 11LIANJILiN, Updated July 23, 2020 deputies in China's National People's Congress (NPC), and the NPC's Standing Committee (NPCSC). 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 with 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 20 members elected by universal suffrage, 30 selected by limited suffrage through 28 functional constituencies, and 10 appointed by the generally pro-PRC Election Committee, which selects Hong Kong's Chief Executive. 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, and 5 District Council (Second) members elected by voters ineligible to vote in the functional constituencies, the so- called super seats. Elections are held every four years. 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. Hong Kong's political parties can be divided into two informal coalitions. The pro-democracy coalition consists of the older pan-democrat parties (largely based in the city's white collar professionals and trade unions) and new political parties that emerged out of the 2014 Umbrella Movement. The pro-establishment coalition contains a mixture of business and trade union leaders who are

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