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Hong Kong electoral college

The Election Committee is a Hong Kong electoral college, the function of which is to select the Chief Executive (CE) and, since 2021, to elect 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.

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(31.41%) 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%)

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:

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.

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.

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.

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.

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.

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.

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.

The Hotel Subsector when taken together with the Tourism Subsector corresponds with the Tourism functional constituency. The Hotel Subsector is formed from corporations who are members of the Hong Kong Hotels Association or the Federation of Hong Kong Hotel Owners eligible to vote at the general meetings. There were 81 registered bodies in 1998 and 95 in 2006. The Subsector had elections in 1998 and 2006 with high turnout of 85% and 81.05% respectively. The 1998 election was competitive with 18 candidates running for 11 seats, and 15 candidates running for 11 seats in 2006.

The Import and Export Subsector corresponds with the Import and Export functional constituency and currently consists of corporations and individuals who are members of the Hong Kong Chinese Importers' and Exporters' Association and companies which are licensed to import and export dutiable commodities, motor vehicles and chemicals. In 2006 there were 777 registered corporate electors and 615 individual electors. The Import and Export Subsector had only a contested election in 1998 with turnout rate of 34.55%.

The Industrial (First) Subsector corresponds to the Industrial (First) functional constituency. It is composed of both individual and corporate members of the Federation of Hong Kong Industries who are entitled to vote at general meetings. In 2004 and 2006 there were no individuals registered electors and there were 794 and 743 corporations registered respectively. The Subsector held elections in 1998 and 2000 and in the 2000 election there were 23 candidates running for 12 seats.

The Industrial (Second) Subsector is corresponding to the Industrial (Second) functional constituency of the same corporate members of the Chinese Manufacturers' Association of Hong Kong that are entitled to vote at general meetings. In 2006 there were 517 registered corporate electors. The Industrial (Second) Subsector never had a contested election.

The Insurance Subsector corresponds with the Insurance functional constituency and contains companies who are authorised or deemed authorised insurers. The makeup of the Subsector's electorate has changed very little since 1998 as there were 192 registered companies and 140 registered in 2006. There were contested elections in 1998, 2000 and 2006 with turnout rates of 87.56%, 76.16% and 65.71%.

The Real Estate and Construction Subsector corresponds with the functional constituency Real Estate and Construction and consists of individual and corporate members of the Real Estate Developers Association of Hong Kong, the Hong Kong Construction Association, and the Hong Kong E&M Contractors' Association who are entitled to vote at general meetings. Large increase in the number and proportion of the individual electors was seen from 1998 when there were 62 individuals making up 15.8% of the electorate and 286 comprising 42.2% in 2000. The proportion remained consistent from 2000 to 2006 when there were 427 corporate electors and 292 individuals. The Real Estate and Construction Subsector held contested elections in 1998, 2000, and 2006 with turnout rates of around 65%.

The Textiles and Garment Subsector has a corresponding functional constituency Textiles and Garment. Corporate members of associations such as the Textile Council of Hong Kong, Federation of Hong Kong Garment Manufacturers, the Hong Kong Chinese Textile Mills Associations, and the Hong Kong Institution of Textile and Apparel who are allowed to vote at general meetings are the electors of this Subsector. Individuals include registered textiles and clothing manufacturers, and registered textile traders. From 1998 and 2000 there was significant increase in registered corporations from 2,690 in 1998 to 4.623 in 2000 and have a large proportion of the electorate. In 2006 there were 3,690 registered corporation (97.6% of the electorate) and 89 registered individuals (2.4% of the electorate). The Subsector held contested elections in 1998, 2006 and the 2005 by election.

The Tourism Subsector corresponds to the Tourism functional constituency with the Hotel Subsector. It consists of the corporate members of the former Hong Kong Tourist Association, the Travel Industry Council of Hong Kong, and the Board of the Airline Representatives in Hong Kong who are entitled to vote at general meetings. In 2006 there were 887 corporations registered as electors. The Tourism Subsector had contested election in 1998, 2000 and 2006 with voter turnout rates of 63.86%, 50%, and 64.13%. In 2006 it had one of them most highly contested subsector elections with 29 candidates running for 12 seats.

The Transport Subsector corresponds to the Transport functional constituency and consists of bodies including the Airport Authority Hong Kong, Hong Kong Public & Maxicab Light Bus United Association, and MTR Corporation. In 2006 there were 179 registered corporate electors and the number remained little changed. The Transport Subsector held contested elections in 1998, 2000, and 2006.

The Wholesale and Retail Subsector is corresponding the Wholesale and Retail functional constituency and consists of both corporate and individual members of 84 different associations including the Chinese Merchants (H. K.) Association, Hong Kong Retail Management Association, and Chinese Medicine Merchants Association. The Wholesale and Retail had contested elections in 1998, 2000 and 2006 with relatively low turnout rates of 34.56%, 28.66%, and 32.26% respectively.

The Accountancy Subsector is corresponding to the Accountancy functional constituency and includes individuals who are certified public accountants. The number of registered individuals in 1998 was 9,897 and 20,765 in 2006. The Subsector has held contested elections in 1998, 2000, and 2006 as well as the 2005 by election. It has been one of the most highly contested subsectors with an average of 2.04 candidates per seats and 12 candidates for 3 open seats in the 2005 by election. The turnout rate remained low with an average of 20.03% for 1998, 2000, and 2006 elections and 12.14% in the 2005 by election. 15 seats of the Accountancy sub sector are nominated from among the Hong Kong Accounting Advisors appointed by the Ministry of Finance of the People's Republic of China.

The Legislative Council Subsector includes 90 members of the Legislative Council of Hong Kong (increased from 70 members after 2021) who are all ex officio members automatically become the member of the Subsector. No election is to be held in this Subsector.

The Heung Yee Kuk Subsector corresponds to the Heung Yee Kuk functional constituency in which the chairman, Vice Chairman of the Heung Yee Kuk (Rural Council) and ex officio Special and Co opted Councillors of the full council are the electorate. In 2006 there were 147 individuals registered as electors. There were contested elections in 1998, 2000 and the 2002 by election but these elections were not competitive with 22 candidates in 1998 and 23 in 2000 running for 21 seats. Due to the fact the electorate is small, the turnout rates have been relatively high with 83.81% in 1998 and 73.43% in 2000.

The National People's Congress Subsector does not correspond to any Legislative Council's functional constituency but includes the 36 Hong Kong deputies to the National People's Congress of the People's Republic of China. The 36 members automatically become the ex officio member of the Election Committee and there is no election to be held.

The Chinese People's Political Consultative Conference does not have corresponding Legislative Council's functional constituency but it includes all Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference of the People's Republic of China. In 2006 there were 118 individuals in the electorate. This Subsector has never held a contested election. An HKSAR deputy to the NPC or an HKSAR member of the CPPCC National Committee may choose to register as an Election Committee member in a subsector other than one in the Fifth Sector with which he or she has a substantial connection. In these cases, the number of ex officio members will be increased and the number of seats to be returned by the subsector by election will be reduced accordingly.

The Provisional District Boards for the Districts in the Regional Council Area Subsector was created in 1998 and replaced by the New Territories District Council Subsector in 2000. It held a contested election in 1998 with 23 candidates running for 21 seats. The voter turnout rate was 68.75%.

The Provisional District Boards for the Districts in the Urban Council Area Subsector existed between 1998 and 2000 and was replaced by the Hong Kong and Kowloon District Council Subsector. It held a contested election in 1998 with 37 candidates running for 21 seats. The voter turnout rate was 79.48%.

The Hong Kong and Kowloon District Councils Subsector was first introduced in 2000 after the Provisional District Council Subsector was abolished. This Subsector when combined with the New Territories District Councils Subsector corresponds to the District Council (First) functional constituency. It includes the members of the District Councils in Hong Kong and Kowloon. In 2006 there were 221 registered individual electors. This Subsector has become increasingly competitive with 25 candidates in 2000 to 33 candidates in 2006 running for 21 seats.

The New Territories District Councils Subsector was first introduced in 2000, replacing the Provisional District Council Subsector. Together with the Hong Kong and Kowloon District Councils Subsector it corresponds to the District Council (First) functional constituency. It has 230 registered electors in 2006 who are the members of the District Councils in New Territories. In the 2000 elections there were 23 candidates and 40 in 2006.

The Election Committee elected Legislative Council members during 1998 to 2004, which was abolished afterwards until 2021. As a result of amendments passed in March 2021 for the December 2021 Legislative Council elections, the Election Committee will elect 40 of the 90 members of the Legislative Council. Candidates for members of the Legislative Council returned by the Election Committee shall be nominated by at least 10 but no more than 20 members of the Election Committee, with at least 2 but no more than 4 members from each sector. Any eligible voter in an election of the Legislative Council may be nominated as a candidate. Each Election Committee member may nominate one candidate only. The Election Committee shall elect members of the Legislative Council from the list of nominations by secret ballot. A ballot paper is valid only if the number of candidates voted for is equal to the number of members of the Legislative Council to be returned. The 40 candidates who obtain the highest numbers of votes shall be elected.

The composition of the Election Committee was criticised for favouring the business interest as the election of the majority of its members was by corporate electors, which effectively incorporating the interests of the business sector. The business sector controls at least a quarter of the seats in the Election Committee as the nature of the composition in the first sector. Additionally, many non business subsectors are also occupied by businessmen by occupation, for example the sport and culture subsectors and the Hong Kong deputies to the National People's Congress. It was also mocked as "small circle election" as it had a narrow electorate basis which facilitates the business elites to secure their seats on the committee through personal networks and the support of the Liaison Office.