2021 Hong Kong electoral changes

Great Hall of the People, meeting place of the National People's Congress (NPC).

A draft "decision on improving the electoral system of the Hong Kong Special Administrative Region" by the National People's Congress (NPC) was published on 5 March 2021 to rewrite the election rules in Hong Kong to ensure ensure a system of "patriots governing Hong Kong." By amending the Annex I and Annex II of the Basic Law of Hong Kong, the composition of the Legislative Council (LegCo) and the Election Committee (EC), which is responsible for electing the Chief Executive, would be drastically adjusted. A new vetting mechanism is to be created to vet every candidate running for the Chief Executive, the Legislative Council and the District Councils (DC). It is widely seen as a move to further curb the influence of the opposition pro-democracy camp in the wake of the widespread anti-government protests of 2019 and the electoral landslide of the 2019 District Council election.

Background

2019 anti-extradition protests and electoral landslide

Main articles: Democratic development in Hong Kong, 2019–20 Hong Kong protests, and 2019 Hong Kong local elections

Pro-democracy protesters marched on 13 January 2008 demanding universal suffrage by 2012.

Since the transfer of sovereignty over Hong Kong in 1997, the democratic movement had been calling for genuine universal suffrage for the Chief Executive, the Legislative Council (LegCo) as enshrined in the Article 45 and the Article 68 of the Basic Law of Hong Kong. The National People's Congress Standing Committee (NPCSC) had repeatedly ruled out universal suffrage, first in 2004 and again in 2007. However in the 2007 decision, NPCSC stated that the universal suffrage might be implemented in the 2017 Chief Executive election. As the 2012 electoral system being unchanged, the moderate democrats struck a deal with the Beijing authorities in the 2012 constitutional reform package in 2010 which allowed the enlargement of the Election Committee (EC) and the creation of the five new District Council (Second) seats to be nominated by the District Councillors and elected by popular vote.

The breakthrough between the pro-democrats and the Beijing authorities did not stall the demand for the universal suffrage, instead created internal strife and fragmentations between different factions in the pro-democracy camp and the rise of localist movement which called for more confrontational approach against the government. In the decision on the constitutional reform framework laid by the NPCSC on 31 August 2014 dashed the hopes of the democracy activists striving for the right to direct elections, which triggered the 79-day Occupy protests. The democratic development in Hong Kong had stagnated since then, while a new wave of independence movement was on the rise. In the 2016 New Territories East by-election, pro-independence activist Edward Leung received more than 15 per cent of the popular vote despite his loss to the pro-democratic Civic Party's Alvin Yeung. Leung and other pro-independence activists were then barred from running in the September general election. Baggio Leung and Yau Wai-ching of Youngspiration who was backed by Edward Leung were successfully elected, but were soon disqualified over their oath-taking manner.

Long queue outside a polling station in the 2019 District Council election.

With pro-democrats infighting, Occupy activists imprisoned and pro-independence movement being suppressed, the democratic movement run out its steam. However in the summer of 2019, Chief Executive Carrie Lam pushed for the amendment to the extradition law triggered a series of unprecedented widespread protests. The protesters soon demanded genuine universal suffrage as one of their five key goals. In November 2019, the pro-democrats received a historic electoral landslide in the District Council election, inflicting a heavy defeat on the pro-Beijing parties by taking over more than 80 per cent of the seats. In January 2020, Wang Zhimin was removed from his post as Director of the Liaison Office of the Central People's Government in Hong Kong which was widely seen as a response to his failure to advise the central government accurately about the vulnerability of pro-Beijing candidates at the election.

National security law and "patriots governing Hong Kong"

Main articles: Hong Kong national security law, postponement of the 2020 Hong Kong legislative election, and 2021 arrests of Hong Kong pro-democracy primaries participants

In June 2020, the NPCSC unilaterally imposed the sweeping Hong Kong national security law to criminalise "separatism, subversion, terrorism and foreign interference" which many interpreted as a crackdown on civil liberties, government critics, and the independence movement. In July, the pro-democrats organised a territory-wide primary election to maximise their chance to obtain a majority in the upcoming Legislative Council election, despite the government warning of them potentially breaching the national security law as some of them vowed to vote down the government budget in order to pressure the administration to respond to the demands of the protesters. Chief Executive Carrie Lam abruptly invoked the Emergency Regulations Ordinance to postpone the election, citing the recent resurgence of the Covid-19 cases. However the decision was widely seen as the latest in a rapid series of aggressive moves by the Beijing authorities to thwart opposition momentum and neutralise the pro-democracy movement. The 55 organisers and candidates in the primary were later arrested under the national security law on 6 January 2021, making it the largest crackdown under the national security law since its passage.

General Secretary of the Chinese Communist Party Xi Jinping stated that Hong Kong could only maintain its long-term stability and security by ensuring "patriots governing Hong Kong".

After the passage of the national security law, the Beijing authorities began to stress the importance of "patriots governing Hong Kong." On 11 November 2020, the NPCSC adopted a decision which bars Legislative Council members from supporting Hong Kong independence, refusing to recognise Beijing's sovereignty over Hong Kong, seeking help from "foreign countries or foreign forces to interfere in the affairs of the region" or committing "other acts that endanger national security", unseating the four sitting legislators, Alvin Yeung, Kwok Ka-ki, Dennis Kwok and Kenneth Leung whose candidacies had been invalidated by the returning officers earlier in July. Zhang Xiaoming, deputy director of the Hong Kong and Macao Affairs Office (HKMAO) stated that "patriots governing Hong Kong" had become a new "legal norm". He urged the "comprehensive and accurate understanding and implementation" of the principle of "One Country, Two Systems". He stressed that one should see that "One Country" of the socialist system with Chinese characteristics under the leadership of the Chinese Communist Party (CCP) being the premise and foundation for "Two Systems" which support and guarantee Hong Kong's capitalist system; safeguarding national sovereignty, security and development interests being the primary purpose of "One Country, Two Systems"; the central government's overall jurisdiction being the source of a high degree of autonomy; Hong Kong's legal system had been incorporated into the constitutional order on the basis of the National Constitution and the Basic Law; Hong Kong's development being inseparable from and benefited from the mainland; "patriotism" should be added before the core values of democracy, freedom and human rights.

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 heard a work report delivered by Carrie Lam. On 1 March, HKMAO director Xia Baolong in the seminar of "patriots governing Hong Kong" stated that Hong Kong must establish a "democratic electoral system with Hong Kong characteristics."

Proposal

On 5 March 2021, National People's Congress (NPC) vice chairman Wang Chen unveiled a draft resolution to "adjust and improve" Hong Kong's electoral system in the coming NPC session. Chinese state media Xinhua stated an editorial that "for years, anti-China forces seeking to disrupt Hong Kong have been colluding with external forces in an attempt to seize the jurisdiction over Hong Kong, with clear goals and concrete actions," it reported. "Effective measures must be taken to block these pawns of anti-China forces from being elected to HKSAR’s governance architecture, and knock them out once and for all." In his annual work report to the National People's Congress, Premier Li Keqiang stated that "we will resolutely guard against and deter external forces' interference in the affairs of Hong Kong and Macau."

Local media reported that the composition of the Legislative Council (LegCo) would be increased from 70 seats to 90 seats, with the reintroduction of the Election Committee constituency elected by the Election Committee (EC), the 1,200-member electoral college responsible for nominating and electing the Chief Executive (CE) . The Election Committee would effectively dilute the number of directly elected Legislative Council members. The size of the Election Committee would also be increased to 1,500 members, filled with members of the Beijing-appointed Chinese People’s Political Consultative Conference (CPPCC) and other pro-Beijing groups, replacing the seats elected by the democrat-controlled District Councillors. The Election Committee would also be given new powers to vet Legislative Council and District Council candidates. Wang said the new rules would fix the "loopholes" in Hong Kong's electoral system, which had allowed opposition activists who advocated for the Hong Kong independence to be elected. Due to the new composition of the Legislative Council would be basis on the Election Committee elected in late 2021, the postponed 2020 Legislative Council election might be delayed for another full year, according to the local media reports.

Reactions

Chief Executive Carrie Lam supported the NPC decision, stressing the "pressing need" to plug legal loopholes to improve Hong Kong's electoral system ahead of two key elections of Legislative Council and Chief Executive. Legislative Council President Andrew Leung also backed the decision, claiming it would restore normalcy to Hong Kong by establishing a "peaceful and rational LegCo" and minimising unnecessary disputes.

Most prominent pro-Beijing figures welcomed the reform. Former Chief Executive and vice chairman of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) Leung Chun-ying it was necessary to have electoral reform so that the electoral system would be based on the principle of "patriots ruling Hong Kong." Former World Health Organization (WHO) Director-General and CPPCC delegate Margaret Chan said she stands by the principle of "patriots ruling Hong Kong" as it was the basis for the "One Country, Two Systems" principle and should not be questioned.

Pro-Beijing maverick and former Legislative Council President Jasper Tsang suggested the reform could be done by amending local election laws without amending the Annex I and Annex II of the Basic Law. He said if the reform bypassed the "five-step" procedure set by the NPCSC decision in 2004 which required the Chief Executive to submit a reform proposal to the NPCSC and passed by the two-thirds majority of the Legislative Council, the authority of the Basic Law would be undermined.

The European Union voiced against the reform, saying that "such reform would have potentially far-reaching negative consequences for democratic principles and democratically elected-representatives in Hong Kong. It would also run counter to previous electoral reforms in Hong Kong and renege on the commitments," the EU Office to Hong Kong and Macau said in a statement. U.S. State Department spokesman Ned Price also slammed the move, criticising it as "a direct attack on Hong Kong's autonomy, Hong Kong's freedoms and the democratic processes."

See also

• 2021 arrests of Hong Kong pro-democracy primaries participants