2021 Hong Kong electoral changes

Source: Wikipedia, the free encyclopedia.
The Hong Kong Government unveiled the Improving Electoral System (Consolidated Amendments) Bill, the local legislation for electoral reform, on 13 April 2021.

The 2021 Hong Kong electoral changes were initiated by the

Hong Kong Special Administrative Region (HKSAR) for its Chief Executive (CE) and the Legislative Council (LegCo), in order to ensure a system in which only "patriots", according to the Chinese definition, govern Hong Kong. The reforms have been widely criticized for their negative impact on the democratic representation in the Hong Kong legislature.[1]

With the

Committee for Safeguarding National Security according to the review by the National Security Department of the Hong Kong Police Force (HKPF) whose decision would be final and could not be appealed.[4]

The electoral changes, which came after the passing of the

widespread anti-government protests of 2019 and the electoral landslide of the 2019 District Council election.[5]

Background

2019 anti-extradition protests and electoral landslide

Main articles:
2019–20 Hong Kong protests, and 2019 Hong Kong local elections
Pro-democracy protesters marched on 13 January 2008 demanding universal suffrage by 2012.

Since the

District Councillors and elected by popular vote.[8]

The breakthrough between the pro-democrats and the Beijing authorities did not stall the demand for the universal suffrage, instead created internal strife and fragmentations between different factions in the pro-democracy camp and the rise of

their oath-taking manner.[9]

Long queue outside a polling station in the 2019 District Council election.

With pro-democrats infighting,

Liaison Office of the Central People's Government in Hong Kong which was widely seen as a response to his failure to advise the central government accurately about the vulnerability of pro-Beijing candidates at the election.[10]

National security law and "patriots governing Hong Kong"

Main articles:
2021 arrests of Hong Kong pro-democracy primaries participants

In June 2020, the NPCSC unilaterally imposed the sweeping

were later arrested under the national security law on 6 January 2021, making it the largest crackdown under the national security law since its passage.[14]

General Secretary of the Chinese Communist Party Xi Jinping stated that Hong Kong could only maintain its long-term stability and security by ensuring "patriots governing Hong Kong".

After the passage of the national security law, the Beijing authorities began to stress the importance of "patriots governing Hong Kong." On 11 November 2020, the NPCSC adopted a decision which bars Legislative Council members from supporting Hong Kong independence, refusing to recognise Beijing's sovereignty over Hong Kong, seeking help from "foreign countries or foreign forces to interfere in the affairs of the region" or committing "other acts that endanger national security", unseating the four sitting legislators, Alvin Yeung,

One Country, Two Systems". He stressed that one should see that "One Country" of the socialist system with Chinese characteristics under the leadership of the Chinese Communist Party (CCP) being the premise and foundation for "Two Systems" which support and guarantee Hong Kong's capitalist system; safeguarding national sovereignty, security and development interests being the primary purpose of "One Country, Two Systems"; the central government's overall jurisdiction being the source of a high degree of autonomy; Hong Kong's legal system being incorporated into the constitutional order on the basis of the National Constitution and the Basic Law; Hong Kong's development being inseparable from and benefited from the mainland; and "patriotism" should be added before the core values of democracy, freedom and human rights.[16]

On 27 January 2021, CCP general secretary Xi Jinping said that Hong Kong could only maintain its long-term stability and security by ensuring "patriots governing Hong Kong" when he heard a work report delivered by Carrie Lam.[17] On 1 March, HKMAO director Xia Baolong in the seminar of "patriots governing Hong Kong" stated that Hong Kong must establish a "democratic electoral system with Hong Kong characteristics."[18]

NPC decision

Decision on Improving HKSAR's Electoral System
National People's Congress
Long title
  • Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region
Passed byNational People's Congress
Passed11 March 2021
Introduced byStanding Committee of the National People's Congress
Status: In force

On 5 March 2021, National People's Congress (NPC) vice chairman

Xinhua stated an editorial that "for years, anti-China forces seeking to disrupt Hong Kong have been colluding with external forces in an attempt to seize the jurisdiction over Hong Kong, with clear goals and concrete actions," it reported. "Effective measures must be taken to block these pawns of anti-China forces from being elected to HKSAR’s governance architecture, and knock them out once and for all."[21] In his annual work report to the National People's Congress, Premier Li Keqiang stated that "we will resolutely guard against and deter external forces' interference in the affairs of Hong Kong and Macau."[22]

Local media reported that the composition of the

District Councillors.[23] The Election Committee would also be given new powers to vet Legislative Council and District Council candidates.[24] Wang said the new rules would fix the "loopholes" in Hong Kong's electoral system, which had allowed opposition activists who advocated for the Hong Kong independence to be elected.[20] Due to the new composition of the Legislative Council would be basis on the Election Committee elected in late 2021, the postponed 2020 Legislative Council election might be delayed for another full year, according to the local media reports.[25]

The National People's Congress on 11 March voted 2,895 in favour, zero against and one abstention, for the changes to Hong Kong electoral system.[26][27] In addition to the tightening of the control of the Election Committee, a Chief Executive candidate would have to secure 188 nominations, at least 15 nominations from each of the five sectors in order to enter the race. The decision would also create a "qualification vetting system" for Hong Kong's electoral process to screen out candidates.[1][26]

Provisions

The decision has nine articles:[28]

  1. Improving the electoral system of the HKSAR must fully and faithfully implement the policy of "
    Basic Law
    , ensure the administration of Hong Kong by Hong Kong people with patriots as the main body, effectively improve the governance efficacy of the HKSAR, and safeguard the right to vote and the right to stand for election of permanent residents of the HKSAR.
  2. The HKSAR shall establish an Election Committee which is broadly representative, suited to the HKSAR's realities, and representative of the overall interests of its society. The Election Committee shall be responsible for electing the Chief Executive designate and part of the members of the LegCo. The Election Committee shall also be responsible for nominating candidates for the Chief Executive and LegCo members, as well as for other matters. The Election Committee shall be composed of 1,500 members from the following five sectors: industrial, commercial and financial sectors; the professions; grassroots, labour, religious and other sectors; LegCo members and representatives of district organizations; Hong Kong deputies to the NPC, Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference and representatives of Hong Kong members of related national organizations.
  3. The Chief Executive shall be elected by the Election Committee and appointed by the
    Central People's Government
    . Candidates for the office of the Chief Executive shall be nominated jointly by not less than 188 members of the Election Committee, among whom the number of members of each sector should be not less than 15. The Election Committee shall elect the Chief Executive designate by secret ballot on a one-person-one-vote basis. The election of the Chief Executive designate shall require a simple majority vote of all the members of the Election Committee.
  4. The LegCo of the HKSAR shall be composed of 90 members in each term. Members of the LegCo shall include members returned by the Election Committee, those returned by
    geographical constituencies
    through direct elections.
  5. A candidate qualification review committee of the HKSAR shall be established. The committee shall be responsible for reviewing and confirming the qualifications of candidates for the Election Committee members, the Chief Executive, and the LegCo members. The HKSAR shall improve the system and mechanisms related to qualification review, to ensure that the qualifications of candidates are in conformity with the Basic Law, the
    NPC Standing Committee
    's interpretation of Article 104 of the Basic Law, the NPC Standing Committee's decision on the qualification of HKSAR LegCo members, and provisions of relevant local laws of the HKSAR.
  6. The NPC Standing Committee is authorized to, in accordance with the decision on improving the electoral system of the HKSAR, amend Annex I: Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region and
    Annex II
    : Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures, to the Basic Law.
  7. In accordance with the decision and the Basic Law's Annex I and Annex II amended by the NPC Standing Committee, the HKSAR shall amend relevant local laws, and organize and regulate election activities accordingly.
  8. The Chief Executive of the HKSAR shall submit in a timely manner reports to the Central People's Government on relevant important situations including the institutional arrangements for elections of the HKSAR and the organization of the elections.
  9. The decision shall go into effect as of the date of promulgation.

NPCSC amendments

On 30 March 2021, local media cited

National People’s Congress Standing Committee (NPCSC) Hong Kong delegate Tam Yiu-chung saying that all 167 members present had voted in favour of the amendments to Annex I and II of the Basic Law to revamp Hong Kong's electoral system.[29] After the passage, President Xi Jinping signed Presidential Orders No. 75 and 76 to amend the Annex I and II of the Hong Kong Basic Law respectively on the same day.[4][30]

Under the new annexes, a Candidate Eligibility Review Committee would be set up to vet the qualifications of candidates, based on the approval of the Hong Kong

Committee for Safeguarding National Security according to the review by the National Security Department of the Hong Kong Police Force (HKPF) of which its decision would be final and could not be appealed.[4][31][32]

Annex I: Chief Executive

Changes to the composition of the Election Committee:
2016 composition (1,200 seats)
  •   Elected [Ind./Corp.] (1,034)
  •   Nominated (60)
  •   Ex-officio (106)
2021 composition (1,500 seats)
  •   Elected [Ind./Corp.] (967)
  •   Nominated (156)
  •   Ex-officio (377)

For the

Chinese People’s Political Consultative Conference (CPPCC), as well as 110 seats comprising representatives of "Hong Kong members of relevant national organisations".[34][35]

On the other hand, the seats of the traditional strongholds of the pro-democrats in the Second Sector of professions, including Education and Social Welfare subsectors, would be halved. The original Education and Higher Education subsectors which had 30 seats each would be merged into a 30-seat subsector, while Medical and Health Services subsectors which had 30 seats each would also be merged into a 30-seat subsector. Some of the seats in the other pro-democratic strongholds would also be nominated rather than elected. For instances, half of 30 members of the newly created Technology and Innovation subsector would be nominated from among Hong Kong academicians of the

Chinese Ministry of Finance; nine seats in the Legal subsector would be nominated from the council of the China Law Society. Up to half of the seats from the subsectors of Engineering, Architectural, Surveying, Planning and Landscape, Education, Medical and Health Services, and Social Welfare would be elected by associations instead of individuals.[35]

A post of chief convener would be created for the Election Committee who shall be an Election Committee member who holds an office of state leadership. A candidate for the office of Chief Executive shall be nominated by not less than 188 members of the Election Committee, with not less than 15 members from each of the five sectors, meaning that anyone who would want to run for Chief Executive would have to get passed the Beijing-appointed Fifth Sector.[36]

Annex II: Legislative Council

geographical constituencies (20)
  •   Indirectly elected trade-based functional constituencies (30)
  •   Newly created Election Committee constituency
    • (40)

    For the

    HKSAR deputies to the National People’s Congress (NPC), HKSAR members of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), and representatives of relevant national organisations.[32]

    The 10 new geographical constituencies:
    •   New Territories North
    •   New Territories North East
    •   New Territories South East
    •   New Territories South West
    •   New Territories North West
    •   Kowloon East
    •   Kowloon Central
    •   Kowloon West
    •   Hong Kong Island East
    •   Hong Kong Island West

    For the directly elected geographical constituencies, the total number of 35 seats in the original five geographical constituencies elected by proportional representation system would be replaced by 10 geographical constituencies where two members would be returned by each geographical constituency. In each geographical constituency, a voter may only vote for one candidate as a single non-transferable vote (SNTV). The two candidates who obtain the highest numbers of votes in each district shall be elected.[32] The new electoral system was seen to further curb the advantages of the pro-democracy camp, as the opposition usually received 55 to 60 per cent of the popular vote and won more than half of the directly elected seats. Under the new system, the pro-Beijing minority would almost be sure to win at least half of the 20 directly elected seats. The SNTV system will also require voters to coordinate among themselves which candidate they should elect among the same bloc, leading to coordination problems which is a disadvantage among the pro-democrats.[37]

    The dual voting system was maintained, of which the passage of motions, bills or amendments to government bills introduced by individual members of the Legislative Council would have to require majority of votes from both of the two groups of members present, changed from the indirectly elected functional constituencies and by directly elected geographical constituencies respectively, to the members returned by the Election Committee, and those returned by functional constituencies and by geographical constituencies through direct elections. A candidate for a geographical or functional constituency would have to be nominated by two but no more than four members from each sector of the Election Committee.[32]

    Local legislation

    Improving Electoral System (Consolidated Amendments) Ordinance 2021
    Legislative Council of Hong Kong
    Long title
    • An Ordinance to amend certain electoral legislation to improve the electoral system by revising the methods of forming the Election Committee, selecting the Chief Executive and forming the Legislative Council in accordance with Annexes I and II to the Basic Law; to specify the date of the general election for the seventh term of office of the Legislative Council; to introduce certain measures to facilitate the conduct of Legislative Council elections, District Council elections, Election Committee subsector elections and Chief Executive elections; to introduce the requirements of signing a statutory declaration and written oath as prerequisites for being a member of the Election Committee; to introduce offences for certain conduct obstructing another person from voting, or inciting another person not to vote, or to cast an invalid vote, at an election; to make minor technical amendments; and to provide for related matters.[38]
    CitationOrdinance 14 of 2021
    Territorial extent 
    Bill title
    		Improving Electoral System (Consolidated Amendments) Bill 2021
    Introduced bySecretary for Constitutional and Mainland Affairs Erick Tsang
    Introduced14 April 2021 (2021-04-14)
    First reading14 April 2021 (2021-04-14)
    Second reading27 May 2021 (2021-05-27)
    Third reading27 May 2021 (2021-05-27)
    Amends
    Emergency (Date of General Election) (Seventh Term of the Legislative Council) Regulation
    Electoral Affairs Commission Ordinance
    Legislative Council Ordinance
    District Councils Ordinance
    Elections (Corrupt and Illegal Conduct) Ordinance
    Chief Executive Election Ordinance
    High Court Ordinance
    Hong Kong Court of Final Appeal Ordinance
    Electronic Transactions (Exclusion) Order
    Travel Industry Ordinance
    Status: Amended

    After the passage of the NPCSC amendment to the Annex I and the

    Basic Law of Hong Kong, the SAR government began to roll out the local electoral legislation. Chief Executive Carrie Lam announced the new timetable for the next three elections, by further postponing the Legislative Council election from the originally scheduled September to December, swapping with the planned Election Committee subsector elections, as the reintroduction of the Election Committee seats to the Legislative Council meant that the new Election Committee had to be elected prior to the Legislative Council election. Meanwhile, the next Chief Executive election would be held in March 2022 as originally scheduled.[39]

    Timetable for the 2021–2022 electoral cycle[40]
    Election Original schedule New schedule
    2021 Election Committee subsector elections December 2021 19 September 2021
    2021 Legislative Council election 5 September 2021[t] 19 December 2021
    2022 Chief Executive election 27 March 2022

    On 13 April after the Executive Council passed the Improving Electoral System (Consolidated Amendments) Bill 2021, the government unveiled the 765-page bill with more details of the future electoral system.[41] A raft of changes to the Elections (Corrupt and Illegal Conduct) Ordinance would also include legislation to "regulate acts that manipulate or undermine elections", which would criminalise inciting people not to vote or cast blank or spoiled ballots. Violators could face up to three years in prison.[42]

    The bill also unveiled the composition of the

    Election Committee (EC) subsectors, where the individual voting in the pro-democracy leaning professions sector would be largely scrapped as stated in the NPCSC framework. The original 239,193 individual voters registered in the 2016 Election Committee Subsector elections would be reduced to about 3,200 individuals in the overhauled system, according to the analysis by Hong Kong Free Press.[43]

    Chief Executive Carrie Lam also announced that the newly established

    Committee for Safeguarding National Security could end up advising the CERC on the eligibility of a rival candidate.[44] Political scientist Ma Ngok criticised the screening of the executive branch on the candidates for the legislative branch would mean the government would have "total control on who will be allowed to serve in the legislature. This violates major principles of accountability. It won't be considered as any kind of free election anymore."[45]

    The pro-Beijing-dominated Legislative Council voted on the 369 amendments tabled by the government, before passing the bill with 40-to-2 vote on 27 May 2021. The only two opposition legislators,

    U.S. Secretary of State Antony Blinken accused the revamp of the electoral system "severely constrains people in Hong Kong from meaningfully participating in their own governance and having their voices heard" and by "decreasing Hong Kong residents' electoral representation will not foster long-term political and social stability for Hong Kong." He vowed that the United States would continue to united speaking out for the human rights and fundamental freedoms guaranteed to the people in Hong Kong with its allies.[47]

    Reactions

    Domestic

    Chief Executive Carrie Lam supported the NPC decision, stressing the "pressing need" to plug legal loopholes to improve Hong Kong's electoral system ahead of two key elections of Legislative Council and Chief Executive. Legislative Council President Andrew Leung also backed the decision, claiming it would restore normalcy to Hong Kong by establishing a "peaceful and rational LegCo" and minimising unnecessary disputes.[25]

    Most prominent

    One Country, Two Systems" principle and should not be questioned.[48]

    Pro-Beijing politician and former Legislative Council President

    Basic Law. He said if the reform bypassed the "five-step" procedure set by the NPCSC decision in 2004 which required the Chief Executive to submit a reform proposal to the NPCSC and passed by the two-thirds majority of the Legislative Council, the authority of the Basic Law would be undermined.[48] Non-official convenor of the Executive Council Bernard Chan said the move was a "setback" for Hong Kong's progress on democratic development since 1997.[1]

    Major pro-Beijing parties and organisations including the

    National People's Congress Standing Committee (NPCSC) Hong Kong delegate Tam Yiu-chung and Hong Kong Basic Law Committee deputy director Maria Tam set up a cross-party alliance to launch an online petition in support of the reform.[49][50]

    Democratic Party chairman Lo Kin-hei said the electoral changes were "the biggest regression of the system since the handover" and "the authorities will do whatever they want, whenever they want, in a way that was unimaginable before."[51] He criticised the changes to the electoral system that had been in use for the past two decades would narrow the room for the pro-democrats and discourage them from joining future elections. He believed that the vetting mechanism would be a form of political censorship that would ask candidates to start to compete over who would be more loyal to Beijing, instead of thinking of ideas that could make Hong Kong better.[50]

    International

    UK Foreign Secretary Dominic Raab said the dilution of elections in Hong Kong was the "latest step by Beijing to hollow out the space for democratic debate in Hong Kong, contrary to the promises made by China itself. He added that "this can only further undermine confidence and trust in China living up to its international responsibilities and legal obligations."[52][53][54] In a statement on 13 March, Raab said that "Beijing's decision to impose radical changes to restrict participation in Hong Kong's electoral system constitutes a further clear breach of the legally binding Sino-British Joint Declaration."[55][56][57]

    U.S. Secretary of State Antony Blinken said the US would continue to "take action against egregious violations of democracy and human rights in Hong Kong."[52] On 17 March, the U.S. sanctioned an additional 24 Chinese and Hong Kong officials over the deep concern with the 11 March NPC decision to unilaterally undermine Hong Kong’s electoral system, including NPC vice chair Wang Chen and Hong Kong delegate to the NPCSC Tam Yiu-chung.[59][60]

    The European Union voiced protest against the reform. "If enacted, such reform would have potentially far-reaching negative consequences for democratic principles and democratically elected-representatives in Hong Kong. It would also run counter to previous electoral reforms in Hong Kong and renege on the commitments," the EU Office to Hong Kong and Macau said in a statement.[61] The European Commission and the High Representative noted in an annual report on 12 March that there has been an "alarming political deterioration in Hong Kong." E.U. High Representative Josep Borrell added that "China is consciously dismantling the 'One Country, Two Systems' principle in violation of its international commitments and the Hong Kong Basic Law."[62]

    Japanese Foreign Ministry said in a 12 March statement that Beijing's decision "will further undermine the confidence in the 'one country, two systems' framework, as provided for in the Hong Kong Basic Law and the 1984 Sino-British Joint Declaration" and Japan "cannot overlook" the major setback to the city's autonomy.[63]

    Foreign ministers in the G7 group of nations expressed "grave concerns" at Beijing's move to "fundamentally erode democratic elements of the electoral system in Hong Kong." The statement also called on "China and the Hong Kong authorities to restore confidence in Hong Kong's political institutions and end the unwarranted oppression of those who promote democratic values and the defense of rights and freedoms."[57][62]

    See also

    Notes

    1. ^ Former Hong Kong Chinese Enterprises Association renamed.
    2. ^ Information Technology subsector replaced.
    3. ^ Nominated from among Hong Kong academicians of the Chinese Academy of Sciences and the Chinese Academy of Engineering.
    4. ^ a b c d e f g h i j Individual voting replaced.
    5. ^ a b c d Responsible persons of statutory bodies, advisory bodies and relevant associations.
    6. Ministry of Finance
      .
    7. NPC Standing Committee
      .
    8. ^ Nominated from among Hong Kong members of the Council of the China Law Society.
    9. ^ Education and Higher Education subsectors merged.
    10. ^ University presidents or chairpersons of the board of governors or the council of universities; and responsible persons of statutory bodies, advisory bodies and relevant associations.
    11. ^ a b Originally under the Third Sector.
    12. ^ Nominated respectively by the Sports Federation and Olympic Committee of Hong Kong, China, China Federation of Literary and Art Circles Hong Kong Member Association and Hong Kong Publishing Federation.
    13. ^ Medical and Health Services subsectors merged.
    14. ^ Nominated from among Hong Kong members of the Council of the World Federation of Chinese Medicine Societies.
    15. ^ Expanded from the size of the Legislative Council.
    16. ^ Hong Kong and Kowloon District Councils subsector replaced.
    17. ^ New Territories District Councils subsector replaced.
    18. ^ Nominated by associations of Hong Kong residents in the Mainland.
    19. ^ Originally from the Fourth Sector, two subsectors are combined.
    20. ^ Initially scheduled on 6 September 2020, but later postponed to 5 September 2021.

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    External links

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