ENG-2010 — Page 49

Constitution and Administration | 11

The Electoral System

Electoral System for the Legislative Council

The composition of the first three terms of the Legislative Council as set out in the Basic Law is as follows:

Membership

(a) elected by geographical

constituencies through

direct elections

First term

Second term Third term

(1998-2000)

(2000-2004) (2004-2008)

20

24

30

(b) elected by functional

30

30

30

constituencies

(c) elected by an election

committee

10

6

60

60

60

The composition of the fourth-term (2008-2012) Legislative Council is the same. as that of the third term1.

Geographical Constituency

Geographical constituency elections are held on the basis of universal suffrage. All eligible persons aged 18 or above have the right to be registered as electors and to vote in the elections. There are currently about 3.43 million registered electors.

The HKSAR is divided into five geographical constituencies of four to eight seats in the fourth term of the Legislative Council. Voters choose lists of candidates, using the List Voting System which operates under the Largest Remainder formula, a form of proportional representation.

Any permanent resident of the HKSAR who is a Chinese citizen with no right of abode in any foreign country may stand for election in any geographical constituency, provided that he or she is a registered elector on the Final Register, has attained the age of 21, and has ordinarily resided in Hong Kong for the preceding three years.

Functional Constituency

Each functional constituency represents an economic, social or professional group important to the HKSAR. For the fourth-term Legislative Council, these are: (1) Heung Yee Kuk2; (2) agriculture and fisheries; (3) insurance; (4) transport; (5)

1

2

The Government, in 2005, put forth a proposal to increase the number of seats to 70 for the fourth-term Legislative Council. However, the proposal was not endorsed by a two-thirds majority in the Legislative Council as required by the Basic Law.

A statutory advisory body on New Territories affairs.