Suffrage
Direct election 18 years of age; universal for permanent residents living in the territory of Hong Kong for the past seven years; indirect election limited to about 100,000 members of functional constituencies and an 800-member election committee drawn from broad regional groupings, municipal organizations, and central government bodies.
Executive branch
chief of state: President of the People’s Republic of China Hu Jintao (since March 2003)
head of government: Chief Executive of Hong Kong Tung Chee-hwa (since July 1, 1997)
cabinet: The Executive Council consists of 14 ex-officio members and 5 non-official members; ex-officio members include:
Chief Secretary: Donald Tsang Yam-kuen (since May 1, 2001)
Financial Secretary: Henry Tang (since August 4, 2003)
Secretary of Justice: Elsie Leung (since July 1, 1997)
11 Principal Officials who are head of bureaux.
Tung assumed office of the Chief Executive formally on July 1, 1997, following his election by the 400-member Election Committee which was in turn generated by the Preparatory Committee of the HKSAR. The process had been so designed such that Chief Executive candidates must be acceptable to the PRC Government. Tung was reelected uncontested to his second term in 2002 by the Election Committee which has been expanded to 800 members. The mechanism of electing the Chief Executive on or after 2007 is currently under consultation by the Government.
In 2002, Tung has changed the system of Government such that the posts of top officials are no longer civil servant posts. Instead, such posts are to be held by political appointees, and supported by career civil servants. The new system is dubbed the “accountability system” of principal officials. Under the new system, principal officials are chosen by the Chief Executive and would need to shoulder political responsibilities for their policies and decisions. They can now be more focused on political efforts such as bargaining with Legislative Council members. The system was also supposed to strengthen Tung’s hold on the running of the government.
Overall the Civil Service maintains its quality and neutrality, operating without discernible direction from Beijing.
Legislative branch
Unicameral Legislative Council (LegCo) (As at 2000-2004: 60 seats; 30 returned by functional constituencies (indirect election), 24 returned by geographical constituencies (direct election), and 6 elected by an 800-member election committee; members serve four-year terms)
Under the initial design, the last Legislative Council of Hong Kong under British rule was to be elected according to the Basic Law and would have become the first Legislative Council of the HKSAR. Chris Patten, the last British Governor of Hong Kong, had extended the electorate of functional constituencies to cover virtually all employees in Hong Kong. The PRC government strongly criticized such an arrangement as breaching diplomatic agreements between China and the UK, and had set up a provisional Legislative Council to take over the role of legislature on July 1, 1997.
Elections: The first Legislative Council elections were held in May 1998, and the second in September 2000. The next elections in 2004 will increase the number of seats returned by geographical constituencies to 30 and the number of seats returned by functional constituencies to 30. The method of selecting legislative council seats after 2007 has yet to be determined.
The 1998 and 2000 elections were praised by pro-Government camp as free, open, and widely contested, but were criticized by the pro-democracy camp as unfair and not democratic enough, as some can cast more than one vote (in both geographical and functional constituencies). In both elections, pro-Beijing wins the majority of indirectly elected positions while pro-democracy and the independents occupy most directly elected seats.
2000 election results:
percent of vote by party - NA
seats by party (2000):
Pro-Beijing (23 in total):
Democratic Alliance for the Betterment of Hong Kong 9
Hong Kong Progressive Alliance 5
Liberal Party 9
Pro-democracy (17 in total):
Democratic Party 13
Frontier Party 3
Citizens Party 1
independents 20
Next elections scheduled to be held in September 2004. See: Hong Kong Legislative Council elections, 2004
According to the Article 68 and Annex II of the Basic Law, the passage of bills and motions introduced by the government requires a simple majority vote of Legislative Council members present, while bills and motions introduced by Legislative Council members require simple majority vote of each of the two groups of members present: those returned by functional constituencies, and those returned by geographical constituencies / Election Committee. As a result, a bill from the government is much easier to pass than a bill from members. This arrangement reflects the “executive-led” philosophy underlying the Basic Law, but was considered by some as weakening the role of the legislature in overseeing the government.