2005 Hong Kong Chief Executive election

As Tung Chee Hwa has resigned as Chief Executive on March 10, 2005 (officially approved March 12), a new election would have to be called on the Sunday on or after 120th day after the vacancy, on July 10. In the transitional period, the Basic Law would require that the Chief Secretary serve as the acting Chief Executive. It is unclear whether the new Chief Executive would complete Tung's term only, serving until 2007, or serve a full five-year term. The Chinese government has, according to several sources, decided upon the former, in accordance with its usual practice.

The Basic Law lays out certain provisions for this event.

Relevant text

Article 52

This is the text of Article 52, giving reasons for resignation.

The Chief Executive of the Hong Kong Special Administrative Region must resign under any of the following circumstances:

( 1 ) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;

( 2 ) When, after the Legislative Council is dissolved because he or she twice refuses to sign a bill passed by it, the new Legislative Council again passes by a two-thirds majority of all the members the original bill in dispute, but he or she still refuses to sign it; and

( 3 ) When, after the Legislative Council is dissolved because it refuses to pass a budget or any other important bill, the new Legislative Council still refuses to pass the original bill in dispute.

Currently, the second and third clauses have no application, given the status of this resignation as voluntary (as Tung claims), and there are allegations that the citing of health reasons may not be an actual truth, as there is technically nothing prohibiting the use of excuses in such a manner. It is rumoured that the actual motive is a decision imposed by the central government, but it can also be a desire to spend more time with the family or many other reasons.

Article 53

Article 53 gives the provisions for an acting Chief Executive.

If the Chief Executive of the Hong Kong Special Administrative Region is not able to discharge his or her duties for a short period, such duties shall temporarily be assumed by the Administrative Secretary, Financial Secretary or Secretary of Justice in this order of precedence.

This gives Donald Tsang the right to the office of acting Chief Executive, the Secretary of Administration, unless he declines to accept. Tsang is widely expected to be elected again by the Election Committee for a full term, but such speculation is merely guesswork. The list of candidates is still rather incomplete. (see below)

The second section of Article 53 gives provisions for a new election.

In the event that the office of Chief Executive becomes vacant, a new Chief Executive shall be selected within six months in accordance with the provisions of Article 45 of this Law. During the period of vacancy, his or her duties shall be assumed according to the provisions of the preceding paragraph.

The process is well defined under this clause, and Tsang's term is limited to six months. The Chief Executive Election Ordinance defines the time as 120 days, give or take a few days, (ensuring an election on Sunday rather than on a weekday), making July 10 almost certain as the date for the election. Article 45 gives the requirements for choosing the Chief Executive, and Annex I does likewise in a more specific manner.

Article 45

Article 45 reads thus.

The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government.

The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.

The specific method for selecting the Chief Executive is prescribed in Annex I: "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region".

Annex I

Annex I reads as follows.

1. 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.

2. The Election Committee shall be composed of 800 members from the following sectors:

Industrial, commercial and financial sectors: 200

The professions: 200

Labour, social services, religious and other sectors: 200

Members of the Legislative Council, representatives of district-based organizations, Hong Kong deputies to the National People's Congress, and representatives of Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference: 200

The term of office of the Election Committee shall be five years.

3. The delimitation of the various sectors, the organizations in each sector eligible to return Election Committee members and the number of such members returned by each of these organizations shall be prescribed by an electoral law enacted by the Hong Kong Special Administrative Region in accordance with the principles of democracy and openness.

Corporate bodies in various sectors shall, on their own, elect members to the Election Committee, in accordance with the number of seats allocated and the election method as prescribed by the electoral law. (The block vote is the standard method for this process).

Members of the Election Committee shall vote in their individual capacities.

4. Candidates for the office of Chief Executive may be nominated jointly by not less than 100 members of the Election Committee. Each member may nominate only one candidate.

5. The Election Committee shall, on the basis of the list of nominees, elect the Chief Executive designate by secret ballot on a one-person-one-vote basis. The specific election method shall be prescribed by the electoral law. (This is currently the runoff voting system).

The current Election Committee's term is due to conclude on July 14, 2005 and a new Election Committee would therefore be formed at that point. Since Tung resigned on March 12 the timing of the election will be important with respect to whether the old or new Election Committee shall be in place. The Chief Executive election ordinance sets the date as on the Sunday of the eighteenth week following the resignation (since 120 days is determined as the time period between resignation and election, and the 119 interevening days form 17 weeks). This date is therefore July 10. If the election proceeds to a second round, a problem essentially results. It is unclear whether the Election Committee could legally be dissolved early to accomodate the arrangements.

Article 46

Article 46 is a subject of controversy regarding the term of the newly-elected Chief Executive.

The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years. He or she may serve for not more than two consecutive terms.

A literal interpretation would mean Tsang has to serve until 2010, but this is not common sense behaviour in most other nations; one can only complete the term of a predecessor. The Chinese government has apparently decided that the new leader would serve only until Inauguration Day in 2007.

The Election

Election Committee Vacancies

As of April 2005, 33 vacancies (27 from the regular constituencies, 6 from the religious sector) exist in the Election Committee. Nominations to fill the vacant spots are scheduled to be accepted during a one-week time frame from April 9 to April 15. If there are enough candidates in a functional or special constituency to warrant an election, then a poll will be held on Sunday, May 1. The six empty seats in the religious sector will be appointed by the religious councils.

Chief Executive Election

On July 10, the 120-day period will be complete, and an election will be held. The Chief Executive Election Ordinance states that the two round system will be used to elect a Chief Executive in the Election Committee. In case of a tie, fresh ballots would then be ordered until a winner is declared.

List of people that may pursue election

• Donald Tsang, chief secretary and acting chief executive
• James Tien, chairman of the Liberal Party

(Please contribute to the list; this is very preliminary)

External links

Laws

• Basic Law of Hong Kong
• Chief Executive Election Ordinance (Cap 569) (pdf format)
• Chief Executive Election Ordinance (Cap 569) (html format)

Press Releases from the Hong Kong Government

The most recent are listed at the top.

On the interpretation of the Election laws

• Decision on implementing a 2-year term for the new CE

Tung Chee Hwa's resignation

• Donald Tsang's Acting Chief Executive inauguration speech
• Remarks from the news conference following the resignation
• Donald Tsang's speech concerning the resignation
• Tung Chee Hwa's resignation speech