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1 1 (October 02, 2020)

handle is hein.crs/govdcbm0001 and id is 1 raw text is: , . ' ,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 democratization of Hong Kong's Legislative Council, or Legco, is one indicator of the city's promised high degree of autonomy from the People's Republic of China (PRC), and as such has become a key concern of some U.S. policymakers. The postponement of the Legco elections scheduled for September 6, 2020, for a year has raised questions about the commitment of the Chinese and Hong Kong governments to democratic reform, and the provisions of the Basic Law. It also presented a challenge to the current pro-democracy Legco members on whether to continue to serve in office, or resign over the delay in the elections. Tkhk Bas LmXd ec The Basic Law, a law passed by China's National People's Congress (NPC) in 1990, authorizes the Hong Kong Special Administrative Region (HKSAR) to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law. The Basic Law also states that the ultimate aim is the election of all the members of the Legislative Council (as well as the Chief Executive) by universal suffrage. In addition, it stipulates that any proposal to amend the Basic Law including those that would change Hong Kong's election system must be approved by at least two-thirds of all Legco members, as well as the Chief Executive, two- thirds of the HKSAR's deputies in the NPC, and the National People's Congress Standing Committee (NPCSC). As a result, Legco plays a critical role in both an assessment of the current status of democracy in Hong Kong, as well as progress toward greater democratization. Under current HKSAR law, Legco 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. Each Legco is to serve for four years. The term of the 6th Legco since sovereignty over Hong Kong was transferred from the United Kingdom to the PRC on July 1, 1997, was to have ended on September 30, 2020. 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. - mmm, go mppm qq\ , q I aS 11LIANJILiN, Updated October 2, 2020 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. On May 24, 1998, the first Legco under PRC 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. Noc-, a Parties .Coa 'ios Hong Kong's political parties can be divided into two informal coalitions. During the 2016 Legco elections, the pro-democracy coalition consisted of the older pan- democrat parties (such as the Civic Party and the Democratic Party) 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 generally supportive of the PRC and HKSAR governments. In general, the pro- democracy coalition supports more rapid democratization, while the pro-establishment coalition abides by the preferences of the PRC government. Candidates from 19 separate parties, as well as 12 independent candidates, won seats in the 6th Legco elections held in September 2016. The 2016 Legco elections also saw 7 candidates from 5 new pro-democracy political parties nominate candidates and win seats. Six of the elected candidates, including four from the new political parties and two from the traditional pan-democrats, however, were subsequently disqualified by Hong Kong's High Court. After the 2016 elections were held, PRC and HKSAR officials undertook measures that led to the disqualification of several elected pro-democracy Legco members, and prevented the nomination of pro-democracy candidates in special by-elections. Legco President Andrew Leung Kwan-yuen, a member of the pro-establishment coalition,

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