RELEVANT LAWS

Constitution of the People’s Republic of China

Article 3 – The State organs apply the principle of democratic centralism.

Article 31 – Establishment of “special administrative regions”.

 

Basic Law

Preamble – The HKSAR and the principle of “one country, two systems”.

Article 1 – The Hong Kong Special Administrative Region (HKSAR) is part of the People’s Republic of China.

Article 2 – The HKSAR may exercise a high degree of executive, legislative, and judicial autonomy.

Article 3 – Executive authorities and the legislature shall be composed of permanent residents.

Article 4 – The HKSAR shall safeguard the rights and freedom of its residents and of other persons.

Article 5 – The socialist system will not be practiced in the HKSAR.

Article 11 – No law enacted by the legislature can contravene the Basic Law.

Article 15 – Appointment of the Chief Executive (CE) by the Central People’s Government.

Article 26 – Right for permanent residents to vote and to stand for election.

Article 39 – Applicable ICCPR provisions shall remain in force.

Article 43 – Accountability of the CE.

Article 44 – Eligibility to become the CE.

Article 45 – Selection of the CE.

Article 46 – Term of office of the CE.

Article 48 – Powers and functions of the CE.

Article 52 – Circumstances under which the CE must resign.

Article 67 – Nationality requirements of Legislative Council (LegCo) members.

Article 68 – Formation of LegCo.

Article 69 – Term of office of LegCo members.

Article 73 – Powers and functions of the Legislative Council.

Article 74 – Restrictions on the introduction of LegCo members’ bills.

Article 79 – Circumstances under which a LegCo member loses qualification for office.

Article 158 – Power to interpret the Basic Law.

Article 159 – Power to amend the Basic Law and the power to propose bills for such a purpose.

Annex l – Method for the Selection of the Chief Executive of the HKSAR

Amendment to Annex l – Method for the Selection of the Chief Executive of the HKSAR

Annex II – Method for forming the LegCo and procedures for voting on bills and motions.

Amendment to Annex II – Method for forming the LegCo and procedures for voting on bills and motions.

NPCSC Decision made on 29 December 2007 – Earliest possible dates for election of CE and all LegCo members by universal suffrage.

NPCSC Interpretation made on 6 April 2004 – Election methods of the Chief Executive and LegCo members.

NPCSC Decision made on 31 August 2014 – Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016.
 

International Covenant on Civil and Political Rights (ICCPR)

Preamble

Article 1 – Right to self-determination

Article 25 – Right to participate in public life.

 

UN Human Rights Committee’s General Comment

Comment 25 –The right to participate in public affairs, voting rights and the right of equal access to public service

 

Hong Kong Bill of Rights Ordinance(Cap 383)

Section 8 Article 21 – Right to participate in public life [cf. ICCPR Art. 25]

Section 13 Article 21 –does not require the establishment of an elected Executive or Legislative Council in Hong Kong

 

Chief Executive Election Ordinance (Cap. 569)

Section 8 – Constitution of Election Committee

Section 9 –Term of office of Election Committee

Section 13 – Eligibility for nomination as candidate

Section 14 – Disqualification from being nominated

Section 26A – System of voting: only one candidate

Section 27 – The voting system: contested election

Section 31 – Winning candidate to declare he is not a member of political party

 

Legislative Council Ordinance (Cap. 542)

Section 12 – How long Members are to hold office

Section 13 – Acceptance of office as a Member

Section 16 – Member to be eligible for re-election

Section 18 – Establishment of geographical constituencies

Section 19 – Number of Members to be returned for geographical constituency

Section 20 – Establishment of functional constituencies

Section 20A – Composition of the Heung Yee Kuk functional constituency

Section 20B –Composition of the agriculture and fisheries functional constituency

Section 20C – Composition of the insurance functional constituency

Section 20D – Composition of the transport functional constituency

Section 20E – Composition of the education functional constituency

Section 20F –Composition of the legal functional constituency

Section 20G –Composition of the accountancy functional constituency

Section 20H –Composition of the medical functional constituency

Section 20I – Composition of the health services functional constituency

Section 20J –Composition of the engineering functional constituency

Section 20K –Composition of the architectural, surveying and planning functional

Section 20L –Composition of the labour functional constituency

Section 20M –Composition of the social welfare functional constituency

Section 20N –Composition of the real estate and construction functional

Section 20O –Composition of the tourism functional constituency

Section 20P –Composition of the commercial (first) functional constituency

Section 20Q –Composition of the commercial (second) functional constituency

Section 20R –Composition of the industrial (first) functional constituency

Section 20S –Composition of the industrial (second) functional constituency

Section 20T –Composition of the finance functional constituency

Section 20U –Composition of the financial services functional constituency

Section 20V –Composition of the sports, performing arts, culture and publication

Section 20W –Composition of the import and export functional constituency

Section 20X –Composition of the textiles and garment functional constituency

Section 20Y –Composition of the wholesale and retail functional constituency

Section 20Z –Composition of the information technology functional constituency

Section 20ZA –Composition of the catering functional constituency

Section 20ZB –Composition of the District Council (first) functional constituency

Section 20ZC –Composition of the District Council (second) functional constituency

Section 21 Number of Members to be returned for functional constituency

Section 35 Vacancy in membership of Legislative Council to be declared

Section 36 By-election to be held to fill vacancy in membership of Legislative Council

Section 37 Who is eligible to be nominated as a candidate

Section 38 Nomination lists for geographical constituencies and District Council (second) functional constituency

Section 39 When person is disqualified from being nominated as a candidate and from being elected as a Member

Section 40 What requirements are to be complied with by persons nominated as candidates

Section 41 Person not to be nominated for more than one constituency

Section 42 Withdrawal of candidate’s nomination

Section 42A Who are validly nominated candidates

Section 46 What is to happen if insufficient candidates are nominated

Section 47 How election is to be conducted

Section 48 Who is entitled to vote at an election

Section 49 System of voting and counting of votes: geographical constituencies and District Council (second) functional constituency

Section 50 System of voting and counting of votes: the Heung Yee Kuk, the agriculture and fisheries, the insurance and the transport functional constituencies

Section 51 System of voting and counting of votes: other functional constituencies

Section 56 Election to be presumed to be valid