The Election Committee is the electoral college in Hong Kong that selects the Chief Executive (CE) and, since 2021, elects 40 of the 90 members of the Legislative Council. Established by Annex I of the Basic Law of Hong Kong which states that "the Chief Executive shall be elected by a broadly representative Election Committee in accordance with this Law and appointed by the Central People's Government (State Council)." It is formed and performs its selection function once every five years, even in the event of a CE not completing their term. The membership of the Election Committee was expanded to 1,500 under the massive overhaul of the electoral system in 2021. The Election Committee has been criticised for its "small-circle" electoral basis and its composition favouring pro-Beijing and business interests.
History The Sino-British Joint Declaration of 1984 provides that the Chief Executive "shall be selected by elections or through consultations held locally and be appointed by the Central People's Government. The system of Election Committee established in the Basic Law to provide an indirect election for the Chief Executive by a 'broadly representative' Election Committee." Besides the first Chief Executive was elected by the 400-member Selection Committee, all Chief Executives since then have been elected by the Election Committee.
The New York Times wrote that sectors that were politically closer to Beijing, such as traditional Chinese medicine, were over-represented in proportion to their share of the population, when compared to sectors deemed hostile, such as social workers or lawyers.
Since the electors must serve for no more than five years, a new election must occur, and the Chief Executive resignation would cause an interesting matter of timing, as to whether the old or new college of electors would select the new Chief Executive.
From 1998 to 2012, the 800 members of the Election Committee comprised 664 nominated from the sectors of the economy, 40 from the religious organisations, and 96 ex officio members taken from the government. The number of members of the Election Committee increased from 800 to 1,200 after the breakthrough on the electoral reform in 2010 for the 2012 Chief Executive election. After a nine-hour debate on the consultation document, the resolution which increased the size of the Election Committee won endorsement at 2:20 p.m. on 24 June by the legislature 46 votes to 13. Ten pan-democrats, including eight Democratic Party legislators, supported the proposals.
+ Composition of the Election Committee199820002006201120162021 Ex Officiomembers96(12%) 96(8%) 106(8.83%) 377(25.13%) Nominatedmembers40(5%)60(5%) 156(10.4%) Returned withbody votes360(45%)510(42.5%) 674(44.9%) Returned withindividual votes304(38%)534(44.5%)524(43.7%)293(19.53%)
2021 reform
In March 2021 the National People's Congress of China passed a new law that would change the electoral system in Hong Kong. The size of the Election Committee will grow from 1,200 to 1,500 members. The new members of the Election Committee will include 'patriotic groups', members of the Chinese People's Political Consultative Conference, Area Committees and District Fight Crime Committees. Those groups will make up 156 seats in the Election Committee and 27 seats will be given to Hongkongers based in mainland China. The 117 seats of the District Councils will be removed. The Election Committee will elect 40 member for the Legislative Council which will be the biggest share of the council and every candidate that would run for the council would need nominations from the five sub sectors in the Election Committee.
The key changes to the formation of the Election Committee are detailed in Annex I of the Basic Law, amended on 30 March 2021 by the Standing Committee of the National People's Congress as follows: Reduction of the number of subsectors with individual votes and elimination of mixed individual and body voting; the Election Committee would be principally elected by body votes Half of seats (150 seats) in the Third Sector nominated by members of national professional organisations or filled by ex officio members Elimination of District Council subsectors; replaced by subsectors consisting of representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees All HKSAR members of the National People's Congress and National Committee Chinese People’s Political Consultative Conference serve as ex officio Election Committee members Introduction of subsectors consisting of grassroot organisations, associations of Chinese Fellow Townsmen, associations of Hong Kong residents in Mainland and Hong Kong members of relevant national organisations Creation of a convenor system for the Election Committee; an Election Committee member holding an office of state leadership is to serve as the Chief Convenor, who designated a number of convenors for each subsector
Composition + The 1,500-member Election Committee elected in 2021 Sector Subsector Seats RegisteredvotersFirst Sector3001,646IIndustrial (First)1735IIndustrial (Second)1797ITextiles and Garment1757ICommercial (First)1722ICommercial (Second)1771ICommercial (Third)1793IFinance1755IFinancial Services17195IInsurance1788IReal Estate and Construction1791ITransport17199IImport and Export1745ITourism17131IHotel1657ICatering16135IWholesale and Retail1763IEmployers' Federation of Hong Kong1518ISmall and Medium Enterprises17194Second Sector 300 2,488 IITechnology and Innovation 30 54 IIEngineering 30 60 IIArchitectural, Surveying, Planning and Landscape 30 55 IIAccountancy 30 39 IILegal 30 30 IIEducation 30 1,750 IISports, Performing Arts, Culture and Publication 30 223 IIMedical and Health Services 30 82 IIChinese Medicine 30 51 IISocial Welfare 30 144Third Sector3001,286IIIAgriculture and Fisheries60151IIILabour60407IIIGrassroots associations60404IIIAssociations of Chinese Fellow Townsmen60324IIIReligious60N/A Fourth Sector3002,100IVMembers of the Legislative Council90N/AIVHeung Yee Kuk27160IVRepresentatives of Members of Area Committees,District Fight Crime Committees,and District Fire Safety Committees of Hong Kong Island and Kowloon761,083IVRepresentatives of Members of Area Committees,District Fight Crime Committees,and District Fire Safety Committees of the New Territories80857IVRepresentatives of Associations of Hong Kong Residents in the Mainland27N/AFifth Sector300451VHKSAR Deputies to the NPC andHKSAR Members of the CPPCC National Committee190N/AVRepresentatives of Hong Kong Members of Relevant National Organisations110451 The Election Committee has five sectors, each composed of a number of subsectors (with a total of 38 subsectors). Amongst the 38 subsectors, members of 35 subsectors are returned by elections. The Annex I of Basic Law states that the Election Committee shall be composed of 1,500 members from the five sectors: Industrial, commercial and financial sectors: 300 members The professions: 300 members Grassroots, labour, religious and other sectors: 300 members Members of the Legislative Council, representatives of district organisations and other organisations: 300 members Hong Kong Special Administrative Region deputies to the National People's Congress, Hong Kong Special Administrative Region members of the National Committee of the Chinese People's Political Consultative Conference and representatives of Hong Kong members of relevant national organisations: 300 members
First sector The first sector composed of members from industrial, commercial and financial backgrounds. They are mostly elected by corporate votes and is the highest portion of uncontested subsectors. It includes the following subsectors:
Catering The Catering Subsector is corresponding to the Catering functional constituency and contains both corporate and individual members who hold food licences and/or members of the Association such as the Association for the Hong Kong Catering Services Management, the Hong Kong Catering Industry Association and the Association of Restaurant Managers. Individual voters take the 94% of the electorate as the number of the individuals and corporates both registered as voters has grown significantly. The Catering Subsector had contested in 1998 and 2000 with the low turnout rate of 11% in both years.
Commercial (First) The Commercial (First) Subsector has a corresponding functional constituency Commercial (First) and consists of corporate members of the Hong Kong General Chamber of Commerce who are allowed to vote at general meetings. The corporate voters in the Subsector had dropped from in 1,293 in 1998 to 990 in 2006. The Subsector had contested in the 1998 and 2000 elections and the voter turnout rate were 45.34% and 30.91% respectively.
Commercial (Second) The Commercial (Second) Subsector has a corresponding functional constituency Commercial (Second) and consists of individual and corporate members of the Chinese General Chamber of Commerce who are allowed to vote at general meetings. The electorate remained unchanged from 1998 to 2009 and electorates are equally divided between corporates and individuals. The Commercial (Second) Subsector did not have a contested election in 1998 and 2000.
Employers' Federation of Hong Kong The Employers' Federation of Hong Kong Subsector is one of the five subsectors without a corresponding functional constituency. It is composed of corporations including banking and financial services, hotel and catering, industrial and manufacturing, insurance, professional and business services, construction, shipping, trading, distribution, and transportation companies who are members of the Employers' Federation of Hong Kong and entitled to vote at general meetings. There were 112 bodies registered as electors in 2000. They had a contested election in 1998 and was uncontested in 2000.
Finance The Finance Subsector is corresponding to the Finance functional constituency and consists of corporate bodies that are banks and deposit-taking companies. In 2006 there were 136 corporate bodies registered as electors. Finance Subsector had contested elections in the 1998, 2000 and the 2002 by-election. The voter turnout in the 1998 and 2000 elections were 81.56% and 70.29% respectively. In the 2002 by-election there were only two candidates running for one seat with 24.39% turnout rate.
Financial Services The Financial Service Subsector has a corresponding Financial Services functional constituency. From 1998 to 2004 the Subsector included both individuals and corporations who are exchange participants of an exchange company or corporate members entitled to vote at the general meetings at the Chinese Gold & Silver Exchange Society. 116 individuals and bodies were the registered electorates before 2004 and beginning in 2006 the Subsector came to consist of Stock Exchange Hong Kong, Hong Kong Futures Exchange, and members of the Chinese Gold & Silver Exchange Society which are only corporate members. The Subsector has remained a highly contested subsector in the 1998, 2000 and 2006 elections with about 65% turnout rate.
Hong Kong Chinese Enterprises Association The Hong Kong Chinese Enterprises Association subsector is another subsector of the five without an equivalent functional constituency. It consists of individuals and corporations who are members of the Hong Kong Chinese Enterprises Association and allowed to vote at general meetings. The association was established in 1991 and its membership includes companies which are registered in Hong Kong, solely-funded or joint ventures with their original capital from Mainland China. The corporate voters continue to dominate with 220, 99.5% of the electorate in 1996 were corporations, 310, 97.1% in 2006. The Hong Kong Chinese Enterprises Association Subsector never had a contested election.
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