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1 1 (November 23, 2020)

handle is hein.crs/govdcqy0001 and id is 1 raw text is: \ Q ...................................................................................................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hong Kong's Legislative Council (Legco) Updated November 23,2020 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 indicatorofthe city's promised high degreeof autonomy fromthe People's Republic of China (PRC), and as such has become a key concern of some U.S. policymakers. Since 2016, the PRC and the Hong Kong Special Administrative Region (HKSAR) governments have disqualified 13 Legco members and blocked thecandidacy of several democracy advocates. In addition, HKSARChief Executive Carrie Lam Cheng Yuet-ngorpostponedLegco elections scheduled for September2020 for a year, citing the public healthriskpo s ed by the coronavirus pandemic. On November 17, 2020, 15 pro -democracy Legco membeis resigned following the disqualification of 4 other pro - democracy Legcomembers. Disqualifications and resignations have reduced Leg co, which is supposed to have 70 members, to 41 pro-establishment coalition members and 2pro-democracy members (seeFigure 1). Figure I. Political Composition of the 6th Legco, Following the By-Elections, Disqualifications and Resignations Coalitions (Pa Fo stabhx m kmDemocrats New PoiiiA Prties I dependmt * fiv Sup'rt S£atK Disqualid a GEOCRAPHICAL FUNCMiNAL Source: CRS. The actions by the PRC government and HKSAR government have raised doubts about their commitment to democracy in Hong Kong, the rights of Hong Kong residents, and their compliance with the Sino-British Joint Declaration, an internationaltreaty specifying China's obligations regarding the governance of Hong Kong after July 1, 1997. The Basic Law, a law required by the Sino-British Joint Declaration and passedby China's National People's Congress (NPC) in 1990, authorizes the Hong Kong Special Adminis trative Region (HKSAR) to exercise a high degree of autonomy and enjoy executive, legislative and independentjudicialpower, 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 ofallthe members ofthe Legislative Council (as well as the ChiefExecutive) by universal suffrage. As a result, Legco plays a criticalrole in both an assessment of the current status of democracy in Hong Kong, as well as progress toward greater democratization. Undercurrent HKSAR law, Legco is supposed to have 70 members, with 35 elected by universal suffrage in 5 geographicalconstituencies, 30chosenthroughlimited suffrage in 28 functional constituencies, and 5 District Council (Second) members elected by voters ineligible to vote in the functional constituencies, the so-calledsuper seats. Each Legco is to serve for four years. The termof the 6a Legco since sovereignty over Hong Kong was transferred fromthe United Kingdomto the PRC was to have ended on September 30,2020, but has been extended to September 30, 2021. The division ofLegco members into geographical and functional constituencies gives certain groups disproportional representation in Legco. Forinstance, 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. B riefHstory ot' Legco Legco has ahistory goingbackover 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 Governoruntil 1985, when 24 of the 57 members were selected bylimited suffrage. In 1995, the last Legco under British rule consistedof30members selectedby 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 functionalconstituency. The PRC government objected to the manner by which the 1995 Legco was selected, and appointed a60-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

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