Legislative Council of Hong Kong
The Legislative Council of the Hong Kong Special Administrative Region, colloquially known as LegCo, is the unicameral legislature of Hong Kong. It follows China's one country, two systems constitutional arrangement, and is the power centre of Hong Kong's hybrid representative democracy, though popular representation in the legislature has diminished in recent years.
The functions of the Legislative Council are to enact, amend or repeal laws; examine and approve budgets, taxation and public expenditure; and raise questions on the work of the government. In addition, the Legislative Council has the power to endorse the appointment and removal of the judges of the Hong Kong Court of Final Appeal and the Chief Judge of the High Court, as well as the power to impeach the Chief Executive of Hong Kong.
Following the 2019–2020 Hong Kong protests, the National People's Congress disqualified several opposition councillors and initiated an electoral overhaul in 2021. The current Legislative Council consists of three groups of constituencies—geographical constituencies, functional constituencies, and Election Committee constituencies—and has been dominated by the pro-Beijing camp since an opposition walkout in 2020. The 2021 changes resulted in a drop in the share of directly elected representatives from 50% to 22% and an increase in the overall number of seats from 70 to 90, along with the establishment of a screening committee to vet candidates. Since 2021, it is widely considered to be a rubber-stamp legislature due to the lack of opposition representatives and its frequent passing of laws with minimal discussion.
The original two groups had constitutional significance. Government bills requires a simple majority of the council for passage, whereas private member bills requires simple majorities in two discrete divisions of geographical members and functional members for passage. Therefore, the directly elected legislators had minimal influence over government policy and legislative agenda.
The historical Legislative Council of Hong Kong in the British colonial era was created under the 1843 Charter as an advisory council to the Governor. The authority of the colonial legislature expanded throughout its history. A parallel Provisional Legislative Council was put in place by China from 1996 to 1998 to pass laws in anticipation of the Hong Kong handover.
History
Colonial period
The Legislative Council of Hong Kong was set up in 1843 for the first time as a colonial legislature under British rule. Hong Kong's first constitution, in the form of Queen Victoria's letters patent, issued on 27 June 1843 and titled the Charter of the Colony of Hong Kong, authorised the establishment of the Legislative Council to advise the Governor of Hong Kong's administration. The council had four official members including the governor who was president of the council when it was first established. The Letters Patent of 1888, which replaced the 1843 charter, added the significant words "and consent" after the words "with the advice". The Legislative Council was initially set up as the advisory body to the governor, and for most of the time, consisted half of official members, who were the government officials seated in the council, and half of unofficial members who were appointed by the Governor.After the Sino-British Joint Declaration was signed on 19 December 1984, the Hong Kong government decided to start the process of democratisation based on the consultative document, Green Paper: the Further Development of Representative Government in Hong Kong on 18 July 1984.
The first elections to the Council were held in 1985, followed by the first direct elections of the Legislative Council held in 1991. The Legislative Council became a fully elected legislature for the first time in 1995 and extensively expanded its functions and organisations throughout the last years of the colonial rule.
The People's Republic of China government did not agree with reforms to the Legislative Council enacted by the last Governor Chris Patten in 1994. Therefore, it withdrew the previous so-called "through-train" policy that would have allowed for members elected to the colonial Legislative Council automatically becoming members of the Hong Kong Special Administrative Region legislature. Instead, the Beijing government resolved to set up an alternative legislative council in preparation for the return of Hong Kong sovereignty from Britain to China.
Before the 1997 handover of Hong Kong, rather than working through the 1995 elected colonial legislature, the government of China, through the Preparatory Committee for the Hong Kong Special Administrative Region, unilaterally established, in 1996, the Provisional Legislative Council in Shenzhen, under the National People's Congress of the People's Republic of China.
The Provisional Legislative Council, seen as unconstitutional by the British authorities and boycotted by most pro-democracy legislators, was in operation from 25 January 1997 to 30 June 1998 and held its meetings in Shenzhen until 30 June 1997, when the PLC moved to Hong Kong and replaced the elected legislature from the 1997 handover of Hong Kong until the 1998 Hong Kong legislative election. Since 2000, the terms of the Legislative Council have been four years, with the exception of the 6th Legislative Council.
Early SAR years
The current HKSAR Legislative Council was established on 1 October 1998 under the Hong Kong Basic Law. The first meeting of the council was held in July of the same year. Five subsequent Legislative Council elections have been held — the most recent being held on 4 September 2016. The Democratic Party had briefly held the largest-party status in the early years of the SAR period, but its support was slowly eaten away by its pro-democracy allies such as The Frontier and later the Civic Party. In the 2004 election, the pro-Beijing Democratic Alliance for the Betterment of Hong Kong surpassed the Democrats as the largest party for the first time and has since held its superior status. Due to the indirectly elected trade-based functional constituencies which largely favour business interests — represented by the Liberal Party and subsequently the Business and Professionals Alliance for Hong Kong — the pro-Beijing camp has been able to keep the majority in the legislature despite receiving fewer votes than the pro-democracy bloc in the direct elections.Article 68 of the Hong Kong Basic Law states that the ultimate aim is the election of all the members of the Legislative Council by universal suffrage. This and a similar article dealing with election of the Chief Executive have made universal suffrage for the council and the Chief Executive a dominant issue in Hong Kong politics.
In 2010, the government's constitutional reform proposal became the first and only constitutional move to have been passed by the Legislative Council in the SAR era with the support of the Democratic Party after the Beijing government accepted the modified package as presented by the party, which increased the composition of the Legislative Council from 60 to 70 seats; adding five seats in the directly elected geographical constituencies and five new District Council functional constituency seats which are nominated by the District Councillors and elected by all registered electorates. The 2014 Hong Kong electoral reform proposal, which suggested the electoral method of the Legislative Council remain unchanged, was vetoed in 2015, after a massive occupation protest demanding universal suffrage — often dubbed the "Umbrella Revolution" — broke out in 2014.
The 2016 New Territories East by-election and September general election saw the rise of localist tide where a number of pro-independence candidates were elected to the council. In November, in Beijing's fifth interpretation of the Basic Law since the 1997 handover, the National People's Congress Standing Committee disqualified two pro-independence legislators from assuming public office pursuant to Article 104. Four more pro-democracy and localist legislators were unseated in subsequent court cases. Returning officers also disqualified certain candidates who had advocated for Hong Kong self-determination, with or without option for independence, from running in the following by-elections; the government expressed support for such decisions.
"National security" overhaul
The 2019 amendment of the extradition bill caused an historic political upheaval, where intensive protests erupted throughout the city in the latter half of the year, including the storming of the Legislative Council Complex on the 22nd anniversary of the handover of Hong Kong on 1 July. In July 2020, in light of the pro-democrats' attempt to seize the majority of the Legislative Council in the midst of the largely unpopular Carrie Lam government, the government postponed the seventh general election, citing the COVID-19 spike. At variance with the four-year term set out in the Basic Law, the NPCSC decided in August that the sitting Legislative Council should continue with its duties for at least one year; however, the term of the upcoming LegCo would remain four years. In a November decision, the NPCSC disqualified LegCo members on grounds such as Hong Kong independence, Chinese sovereignty, and solicitation of foreign intervention, impacting four sitting legislators whose candidacies had been invalidated in the postponed election. After the disqualification, the 15 remaining pro-democracy legislators announced their resignation in protest, leaving the legislature with virtually no opposition.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 reviewed a work report delivered by Carrie Lam. In March 2021, China's National People's Congress passed a resolution that authorised an overhaul of Hong Kong's electoral system, including that of the Legislative Council. The reform would allow a new Candidate Eligibility Review Committee, composed entirely of principal officials from the Hong Kong government, to vet candidates for the Legislative Council and would increase its total number of seats from 70 to 90. However, the seats that were directly elected would be reduced from 35 to 20, the five directly elected District Council seats would also be removed, while an additional 40 seats would be elected by the pro-Beijing Election Committee and 30 seats would remain trade-based functional constituencies. Every candidate must have nominations from each of the five sectors in the Election Committee.
The 7th Legislative Council term, beginning in January 2022 and the first after the China-imposed reform, was criticised for lacking meaningful debates. A survey in 2023 found that half of Hongkongers were unable to name any serving lawmaker, with another 12% naming somebody not a current lawmaker. The council also fast-tracked multiple legislations including national security ordinance. In addition, at least 66% of bills passed were done with less than half of all Legislative Council members present, below the 50% attendance threshold for a quorum. The Chinese national emblem was installed in the chamber above the Hong Kong emblem for the first time.