Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region

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Promulgation Date: 2021-3-11
Title: Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region
Document Number:
Expiration date: 
Promulgating Entities:The National People's Congress
Source of text: http://www.xinhuanet.com/politics/2021-03/11/c_1127199305.htm

The Fourth Session of the 13th National People’s Congress deliberated the Standing Committee of the National People’s Congress’s bill on submitting for review the “Decision of the National People’s Congress on Improving the Electoral System of the Hong Kong Special Administrative Region (Draft).” The Session was of the view that after Hong Kong’s return to the motherland, it was reincorporated into the country’s governance system, and the “P.R.C. Constitution” and the “P.R.C. Basic Law of the Hong Kong Special Administrative Region” jointly form the constitutional basis of the Hong Kong Special Administrative Region (HKSAR). The electoral system implemented in the HKSAR, including the methods for selecting the Chief Executive and forming the Legislative Council, is an important component of the political structure of the HKSAR, and shall conform to the “one country, two systems” policy, meet the realities in the HKSAR, serve to ensure that Hong Kong is administered by people who love the country and love Hong Kong, and be conducive to safeguarding China’s national sovereignty, security, and development interests and maintaining Hong Kong’s long-term prosperity and stability. To improve the electoral system of the HKSAR and development a democratic system suited to the realities of the HKSAR, the National People’s Congress has made the following Decision in accordance with article 31 and article 62, items 2, 14, and 16 of the “P.R.C. Constitution” as well as the relevant provisions of the “P.R.C. Basic Law of the HKSAR” and “P.R.C. Law on Safeguarding National Security in the HKSAR”:

I. To improve the electoral system of the HKSAR, it is necessary to fully and faithfully implement the policy of “one country, two systems” under which the people of Hong Kong administer Hong Kong with a high degree of autonomy, to uphold the HKSAR’s constitutional order as established by the “P.R.C. Constitution” and the “P.R.C. Basic Law of the HKSAR,” to ensure the administration of Hong Kong by Hong Kong people with patriots as the main body, to effectively improve the governance efficacy of the HKSAR, and to safeguard HKSAR permanent residents’ right to vote and right to stand for election.

II. The HKSAR is to establish an Election Committee that is broadly representative, is suited to the HKSAR’s realities, and reflects the overall interests of the society. The Election Committee is responsible for such matters as electing the Chief Executive-designate and part of the members of the Legislative Council, as well as nominating candidates for the office of the Chief Executive and for members of the Legislative Council.

The Election Committee is composed of 1500 members from the five sectors of industrial, commercial, and financial sectors; the professions; grassroots, labor, religious, and other sectors; members of the Legislative Council, representatives of district organizations, and other sectors; and Hong Kong delegates to the National People’s Congress, Hong Kong members of the National Committee of the Chinese People’s Political Consultative Conference, and representatives of Hong Kong members of the relevant national organizations.

III. The Chief Executive of the HKSAR is to be elected by the Election Committee and appointed by the Central People’s Government.

Candidates for the office of the Chief Executive must be jointly nominated by no fewer than 188 members of the Election Committee, and the number of members participating in the nomination from each of the five aforementioned sectors must not be fewer than 15. The Election Committee is to elect the Chief Executive-designate by secret ballot on a one-person-one-vote basis, and the Chief Executive-designate must receive a simple majority vote of all members of the Election Committee.

IV. Each Legislative Council of the HKSAR is to be composed of 90 members. They are to be respectively elected through elections by the Election Committee, elections by functional constituencies, and direct elections by geographical constituencies.

V. There is to be established a HKSAR Candidate Qualification Review Committee, responsible for reviewing and confirming the qualifications of candidates for Election Committee members, the Chief Executive, and Legislative Council members. The HKSAR shall perfect and improve the systems and mechanisms relating to qualification review, and ensure that the qualifications of candidate conform to the provisions of the “P.R.C. Basic Law of the HKSAR,” “P.R.C. Law on Safeguarding National Security in the HKSAR,” the Standing Committee of the National People’s Congress’s Interpretation of Article 104 of the “P.R.C. Basic Law of the HKSAR” and Decision on Issues Relating to the Qualifications of the Members of the Legislative Council, as well as the relevant local laws of the HKSAR.

VI. The Standing Committee of the National People’s Congress is authorized to amend Annex I “Method for the Selection of the Chief Executive of the HKSAR” and Annex II “Method for the Formation of the Legislative Council of the HKSAR and Its Voting Procedures” to the “P.R.C. Basic Law of the HKSAR” in accordance with this Decision.

VII. The HKSAR shall amend the relevant local laws of the HKSAR in accordance with this Decision and Annex I “Method for the Selection of the Chief Executive of the HKSAR” and Annex II “Method for the Formation of the Legislative Council of the HKSAR and Its Voting Procedures” to the “P.R.C. Basic Law of the HKSAR” as amended by the Standing Committee of the National People’s Congress, and organize and regulate the relevant election activities in accordance with law.

VIII. The Chief Executive of the HKSAR shall timely submit reports to the Central People’s Government on such important situations as the institutional arrangements for the elections of the HKSAR and the organization of elections.

XI. This Decision takes effect on the date of promulgation.

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