16 Constitution and Administration
Hong Kong's constitutional development. For the first time since the establishment of HKSAR, the city has managed to complete the 'five-step mechanism'3 as set out in the Basic Law and the Interpretation by the NPCSC of Article 7 of Annex I and Article III of Annex II to the Basic Law and its decision on issues relating to the methods for selecting the Chief Executive in the year 2007 and for forming the Legislative Council in the year 2008 to amend the electoral methods for the Chief Executive and the Legislative Council. This will give the Hong Kong community greater confidence in and a stronger basis for forging consensus on constitutional development in future and pave the way for implementing universal suffrage with regard to electing the Chief Executive and the Legislative Council in 2017 and 2020 respectively.
The passage of the Chief Executive Election (Amendment) Bill 2010 and the Legislative Council (Amendment) Bill 2010 by the Legislative Council on March 3 and 5, 2011 respectively implements the constitutional reform package in respect of the 2012 Chief Executive and Legislative Council elections. The enactment of such local legislation enables Hong Kong to move step by step towards the ultimate aim of universal suffrage.
Electoral System for the District Councils
Eighteen District Councils were established in the HKSAR to advise the Government on district affairs and to promote recreational and cultural activities, and environmental improvements within the districts. A District Council is composed of elected members, appointed members, and, in the case of District Councils in the New Territories, the chairmen of rural committees as ex officio members. The simple majority voting system is adopted for elections. For the fourth-term councils (2012 - 2015), the HKSAR is divided into 412 constituencies, each represented by one elected member.
Electoral Affairs Commission
The Electoral Affairs Commission, an independent statutory body, is responsible for ensuring that elections in the HKSAR are conducted openly, honestly, fairly and in accordance with the law. It comprises three politically neutral persons appointed by the Chief Executive and is headed by a High Court judge. The commission is responsible for making recommendations to the Chief Executive on the delineation of geographical constituencies and District Council constituencies, making
3
The 'five-step mechanism' to amend the two electoral methods are: Step One:
Step Two:
Step Three:
Step Four:
Step Five:
The Chief Executive shall make a report to the NPCSC as to whether there is a need to amend the two electoral methods;
A determination shall be made by the NPCSC that the two electoral methods may be amended;
The motions on the draft amendments to the two electoral methods shall be introduced by the HKSAR Government to the Legislative Council, and be passed by a two-thirds majority of all the members of the Legislative Council; Consent shall be given by the Chief Executive to the draft amendments endorsed by the Legislative Council; and
The draft amendments shall be reported by the Chief Executive to the NPCSC for approval or for the record.