Form 4 Citizenship and Social Development

Hong Kong under “One Country, Two Systems”

The meaning and implementation of “one country, two systems”
Worksheet 5 – Political structure of the HKSAR

Name: _____________________________________ Class: F.4______ ( )

Learning Objectives:
 To learn about the political structure of the Hong Kong Special Administrative Region
 To understand the functions and operation of the Chief Executive of the Hong Kong
Special Administrative Region and the major executive authorities

Important Key Concepts:

Key Concepts Definition
1. Executive power the power of administering and providing public services
2. Legislative the power of enacting, amending and repealing laws
power
3. Judicial power the power of making judgements in accordance with the law

4. Executive-led It refers to the fact that the executive authorities headed by the Chief
Executive is in an active and dominant position in the entire operation
of the government, such as formulating public policies, legislative
agendas and government operations.
5. Recognition / It refers to the degree to which the entire social system is accepted
Credibility and supported by the ruled. Although an unrecognizable government
can force the people to obey, the people will not be convinced by the
government even if they are unable to resist, and the relationship
between the people and the government will only become alienated.
6. Judicial It can prevent partiality in the judiciary and guarantee that the
independence judiciary will not be interfered by the executive authorities.

1. Political structure of the HKSAR

 an executive-led system headed by the Chief Executive

 The executive authorities, the legislature and the judiciary perform their respective
functions under the executive-led system in accordance with the Basic Law and
complement each other;
 The executive authorities and the legislature both complement, and keep a check and
balance on, each other’s functions, while the judiciary is independent;
 The Chief Executive shall represent the HKSAR and be accountable to the Central
People’s Government.

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Source A What is “executive-led”?
“Executive-led” refers to the fact that the executive authorities headed by the Chief
Executive is in an active and dominant position in the entire operation of the government,
such as formulating public policies, legislative agendas and government operations. Among
all the HKSAR officials, only the Chief Executive has the legal status of “dual role” and
“dual responsibility”, which reflects the core position of the Chief Executive.

Examples of executive-led
 The Chief Executive is the head of the HKSAR representing the whole Region and that
of the HKSAR Government.
 The HKSAR government is responsible for formulating policies, introducing bills and
drawing up budgets.
 Members of the Legislative Council in introducing bills relating to government policies
have to obtain a written consent of the Chief Executive.
 The Chief Executive shall appoint or remove judges of the courts at all levels in
accordance with legal procedures.

1. According to Source A and your own knowledge, elaborate the benefits of adoption of an
executive-led political system in Hong Kong.

(Free answer. For example, an executive-led system is a constitutional requirement and

custom during the British-Hong Kong period, and its implementation is the decision by the
Standing Committee of the National People’s Congress; an executive-led system can improve
governance efficiency, etc.)

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2. Political structure, district organizations and policy-making of Hong Kong

 The divisions of government under the executive authorities, the legislature and the
judiciary:

2.1 The executive authorities

 The HKSAR Government is the executive authorities of the HKSAR.

a. Chief Executive
 the head of the HKSAR;
 shall be appointed by the Central People’s Government. The term of office of the Chief
Executive shall be five years and may serve for not more than two consecutive terms;
 shall be elected in accordance with the Basic Law by an Election Committee which is
broadly representative, suited to the actual situation of the Hong Kong Special
Administrative Region (HKSAR), and represents the overall interests of society.

Functions and powers of the Chief Executive (Article 48 of the Basic Law)
The Chief Executive of the Hong Kong Special Administrative Region shall exercise the
following powers and functions:
 To lead the government of the Region;
 To be responsible for the implementation of this Law and other laws which, in accordance
with this Law, apply in the Hong Kong Special Administrative Region;
 To sign bills passed by the Legislative Council and to promulgate laws;

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 To sign budgets passed by the Legislative Council and report the budgets and final accounts
to the Central People’s Government for the record;
 To decide on government policies and to issue executive orders;
 To nominate and to report to the Central People’s Government for appointment of the
following principal officials: Secretaries and Deputy Secretaries of Departments, Directors
of Bureaux, Commissioner Against Corruption, Director of Audit, Commissioner of Police,
Director of Immigration and Commissioner of Customs and Excise; and to recommend to
the Central People’s Government the removal of the above-mentioned officials;
 To appoint or remove judges of the courts at all levels in accordance with legal procedures;
 To appoint or remove holders of public office in accordance with legal procedures;
 To implement the directives issued by the Central People’s Government in respect of the
relevant matters provided for in this Law;
 To conduct, on behalf of the Government of the Hong Kong Special Administrative Region,
external affairs and other affairs as authorized by the Central Authorities;
 To approve the introduction of motions regarding revenues or expenditure to the Legislative
Council;
 To decide, in the light of security and vital public interests, whether government officials or
other personnel in charge of government affairs should testify or give evidence before the
Legislative Council or its committees;
 To pardon persons convicted of criminal offences or commute their penalties; and
 To handle petitions and complaints.

Qualification of standing for the Chief Executive election (Article 44 of the Basic Law)
The Chief Executive of the Hong Kong Special Administrative Region shall be a Chinese citizen
of not less than 40 years of age who is a permanent resident of the Region with no right of abode
in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not
less than 20 years.

2. Do you know who they are? Fill in the blanks:

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Source B1 Method for the selection of the Chief Executive (1997-2017)

Source B2 New method for the selection of the Chief Executive

According to the Decision of the National People’s Congress on Improving the Electoral
System of the Hong Kong Special Administrative Region adopted on 11 March 2021:

 Candidates for the office of the Chief Executive shall be nominated jointly by not less
than 188 Members of the Election Committee, among whom the number of members of
each sector should not be less than 15.
 The Election Committee shall elect the Chief Executive designate by secret ballot on a
one-person-one-vote basis. The election of the Chief Executive designate shall require a
simple majority vote (over 750 votes) of all the Members of the Election Committee.

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 3. According to Source B1, Source B2 and your research, compare the differences between
Electoral System in the 6th Term with the 5th term.

The number of members of the Election Committee was increased from 1,200 to 1,500.

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Supplementary Information:

Method for the selection of the Election Committee

According to the Decision of the National People’s Congress on Improving the
Electoral System of the Hong Kong Special Administrative Region adopted on 11 March
2021:
 The HKSAR shall establish an Election Committee which is broadly representative,
suited to the HKSAR’s actual situation, and representative of the overall interests of its
society.
 The Election Committee shall be responsible for electing the Chief Executive designate
and part of the Members of the LegCo. The Election Committee shall also be
responsible for nominating candidates for the Chief Executive and LegCo Members, as
well as other matters.
 The Election Committee will be expanded and composed of 1,500 members from five
sectors, 300 seats for each sector:
1. Industrial, commercial and financial sectors;
2. The professions;
3. Grassroots, labour, religious and other sectors;
4. LegCo Members and representatives of district organisations and other
organisations;
5. HKSAR deputies to the NPC, HKSAR members of the National Committee of the
Chinese People's Political Consultative Conference and representatives of Hong
Kong members of relevant national organisations.
Nomination, candidature and polling of the Election Committee
 Each candidate shall be nominated by 5 corporate or individual voters in the respective
subsector.
 A person is eligible to be nominated as a candidate at a subsector election if the person:
 has reached 18 years of age;
 is registered for a geographical constituency; and
 is registered as a voter for that subsector (only applicable to the Heung Yee Kuk,
Representatives of members of Area Committees, District Fight Crime Committees, and
District Fire Safety Committees of Hong Kong Island and Kowloon or New Territories,
and Representatives of Hong Kong members of relevant national organisations
subsectors where there are individual voters) or has substantial connection with that
subsector.
 If a person is also an ex-officio member or a nominee for the nominated seats of the
Election Committee, he / she is not eligible to be a candidate.
 Each corporate or individual voter may only nominate a number of candidates not
exceeding the number of seats to be elected in the respective subsectors in that election.
 The Election Committee Members of each subsector will be elected by secret ballot.

A system of convenors of the Election Committee

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 According to the Annex I to Basic Law amended by NPC Standing Committee on 30 March
2021:
 The Election Committee shall establish a system of convenors. The convenors shall be
responsible for convening Election Committee meetings when necessary to handle
relevant matters.
 A Member of the Election Committee who is a state leader will become the Chief
Convenor. The Chief Convenor may designate several convenors in each sector.

Candidate Eligibility Review Committee (CERC)

 The chairperson and members of the Candidate Eligibility Review Committee (CERC)
are to be appointed by the Chief Executive by notice published in the Gazette.
 The CERC is to consist of 8 members, including the chairperson, at least 2 but not more
than 4 official members, and at least 1 but not more than 3 non-official members.
 Only a principal official appointed pursuant to a nomination under Article 48(5) of the
Basic Law is eligible for appointment as the Chairperson or an official member; while
only a person who is not a public officer is eligible for appointment as a non-official
member.
 responsible for assessing and validating the eligibility of candidates in the Election
Committee, Chief Executive and LegCo elections.
 Pursuant to the assessment made by the National Security Department of the Police of
the HKSAR Government, the Committee for Safeguarding National Security of HKSAR
(Committee on National Security) will decide whether a candidate complies with the
legal requirements and conditions for upholding the Basic Law and bearing allegiance to
the HKSAR of the People’s Republic of China, and issue an opinion to the CERC for
those who do not comply with the legal requirements and conditions.
 The CERC’s decision made pursuant to the Committee on National Security’s review
advice is not subject to any judicial proceedings.

4. How can the new method for selection of the Chief Executive increase credibility of local
government? Share your opinions with your classmates.

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b. Executive Council
 assists the Chief Executive in policy-making;
 The Chief Executive shall consult the Executive Council before making important policy
decisions, introducing bills to the Legislative Council, making subordinate legislation, or
dissolving the Legislative Council;
 composed of official members (Principle Officials) and non-official members (non-officials),
shall be Chinese citizens who are permanent residents of the HKSAR with no right of abode
in any foreign country.

c. Departments, bureaux, divisions and commissions

 Chief Secretary for Administration
 assists the Chief Executive in supervising the bureaux as directed by him/ her and
plays a key role in ensuring co-ordination in policy formulation and implementation
 Financial Secretary
 assists the Chief Executive in overseeing policy formulation and implementation of
financial, monetary, economic, trade and development as well as innovation and
technology matters;
 exercises control over the Exchange Fund and is in charge of the Government Budget
and is responsible for laying before the Legislative Council each year the government’s
estimates of revenue and expenditure.
 Secretary for Justice
 leads the Department of Justice, controls criminal prosecutions, provides legal advice
to the Government
 upholds rule of law and strengthens the education on the Constitution and the Basic
Law
 Bureaux, divisions and commissions
 The main administrative and executive functions of government are carried out by 13
policy bureaux and 56 departments.
 Other independent commissions
 The Independent Commission Against Corruption and Audit Commission function
independently and are accountable to the Chief Executive.

Powers and functions of the executive authorities (Article 62 of the Basic Law)
The executive authorities shall exercise the following powers and functions:
 To formulate and implement policies;
 To conduct administrative affairs;
 To conduct external affairs as authorised by the Central People's Government under this
Law;
 To draw up and introduce budgets and final accounts;
 To draft and introduce bills, motions and subordinate legislation; and
 To designate officials to sit in on the meetings of the Legislative Council and to speak on
behalf of the government.

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The Policy-making Procedures
Procedure Who are involved? What will be done? What’s the purpose/aims?
1. Input

2. Policy-making

3. Output

4. Feedback

Example – The Minimum Wage Law

Feedback Input

Policy-
Output
making

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2.2 The legislature
 The Legislative Council is the legislature of the HKSAR. The term of office is four years.
 The Legislative Council shall be composed of Chinese citizens who are permanent residents
of the HKSAR with no right of abode in any foreign country.
 The proportion of permanent residents of the HKSAR who are not of Chinese
nationality or who have the right of abode in foreign countries does not exceed 20
percent of the total membership of the Council.

Functions and Powers of the Legislative Council (Article 73 of the Basic Law)
The Legislative Council exercises the following powers and functions:

 To enact, amend or repeal laws in accordance with the provisions of the Basic Law and legal
procedures;
 To examine and approve budgets introduced by the Government;
 To approve taxation and public expenditure;
 To receive and debate the policy addresses of the Chief Executive;
 To raise questions on the work of the Government;
 To debate any issue concerning public interests;
 To endorse the appointment and removal of the judges of the Court of
Final Appeal and the Chief Judge of the High Court;
 To receive and handle complaints from Hong Kong residents;
 If a motion initiated jointly by one-fourth of all the Members of the
Legislative Council charges the Chief Executive with serious breach
of law or dereliction of duty and if he or she refuses to resign, the
Council may, after passing a motion for investigation, give a mandate
to the Chief Justice of the Court of Final Appeal to form and chair an independent
investigation committee. The committee shall be responsible for carrying out the
investigation and reporting its findings to the Council. If the committee considers the
evidence sufficient to substantiate such charges, the Council may pass a motion of
impeachment by a two-thirds majority of all its Members and report it to the Central
People's Government for decision; and
 To summon, as required when exercising the above-mentioned powers and functions,
persons concerned to testify or give evidence.

Introduction and Decision of a bill

 Both the Government and the LegCo members can introduce motions, bills or amendments,
and vote on them after they have been debated in the LegCo
 After the bill is passed by the LegCo, it can only take effect if the Chief Executive signs the
bill and promulgates it
 If the Chief Executive considers that a bill passed by the LegCo is not compatible the overall
interests of the HKSAR, he or she can refuse to sign it

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How do members of the LegCo Vote?
Decisions of the Legislative Council on bills and motions are made by voting of its members and
the voting procedures are stipulated in the Basic Law.
Types of bills/ motions Voting rules
Motions, bills or amendments introduced by the At lease a simple majority vote
Government
Motions, bills or amendments introduced by A simple majority vote of each of the two
individual Members groups (shall be returned by both EC and
FC+GC)  split voting)

Regulation and coordination between the Executive authorities and the legislature

Functions/ Aspects Explanation

Approving budgets &

funding proposals

Passing bills & motions

Communication in
decision-making and
policy-making

Composition of LegCo
members

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Law-making procedures

Formation of the 7th Legislative Council (1st January 2022 – 31st December 2025)

The Composition of LegCo

Pursuant to the Annex II to Basic Law amended by NPC Standing Committee on 30 March
2021, the LegCo shall be composed of 90 members as follows:

Members returned by the Election Committee Constituency 40 persons

Members returned by Functional Constituencies 30 persons
Members returned by Geographical Constituencies through direct 20 persons
elections

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(i) The Election Committee Constituency (ECC) – 40 Seats
 All registered geographical constituency (“GC”) electors aged 21 or above who have
ordinarily resided in Hong Kong for 3 years immediately preceding the nomination can
ECC (40)
be nominated as candidates
 Each candidate shall be nominated by 10 - 20 members of the EC, including 2 - 4
members from each of the 5 sectors of the EC. GC (20)
 Each member of the EC can only nominate 1 candidate.
 The EC members shall, on the basis of the list of nominees, cast their votes by secret
ballot. A ballot paper is only valid if the number of votes contained in the ballot paper is
equal to the number of members to be returned. The 40 candidates who obtain the
greatest number of votes shall be returned in the election.

What is Election Committee?

Pursuant to the Decision by the National People's Congress adopted on 11 March 2021:
 The HKSAR shall establish an Election Committee which is broadly representative,
suited to the HKSAR's actual situation, and representative of the overall interests of
its society.
 The Election Committee shall be responsible for electing the Chief Executive designate
and part of the Members of the LegCo. The Election Committee shall also be
responsible for nominating candidates for the Chief Executive and LegCo Members, as
well as other matters.
 The Election Committee will be expanded and composed of 1,500 members from five
sectors:
First Sector Industrial, commercial and financial sectors 300 members
Second Sector The professions 300 members
Third Sector Grassroots, labour, religious and other sectors 300 members
Fourth Sector LegCo Members, representatives of district 300 members
organisations and other organisations
Fifth Sector HKSAR deputies to the NPC, HKSAR 300 members
members of the National Committee of the
Chinese People's Political Consultative
Conference and representatives of Hong Kong
members of relevant national organisations

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(ii) The Functional Constituency (FC) – 30 Seats from 28 FCs
 All registered GC electors aged 21 or above who have ordinarily resided in Hong Kong
for 3 years immediately preceding the nomination; and registered electors of the relevant
FCs or have a substantial connection with that FC can be nominated as candidates.
 Candidates must fulfill the following two criteria:
o Nominated by 10 - 20 electors of the respective FC
o Nominated by 10 - 20 of the EC, including 2 – 4 members from each of the 5
sectors of the EC.
 Each member of the EC can only nominate 1 candidate in the FC election as a EC
member. Each registered FC elector can only nominate 1 candidate in his/her respective
FC as a FC elector (except for the electors of the Labour FC who may nominate at most 3
candidates).
 Electors of each constituency shall elect the LegCo Member of their respective
constituency by secret ballot.

Agriculture and Commercial (third) Tourism Legal

Fisheries
Heung Yee Kuk Finance Catering Education
Industrial (first) Financial Services Wholesale and Retail Sports, Performing
Arts, Culture and
Publication
Industrial (second) Insurance Technology and Medical and Health
Innovation Services
Textiles and Garment Real Estate and Engineering Social Welfare
Construction
Commercial (first) Transport Architectural, Labour
Surveying, Planning
and Landscape
Commercial (second) Import and Export Accountancy HKSAR Deputies to
the NPC, HKSAR
Members of the
CPPCC National
Committee and
Representatives of
Relevant National
Organisations

(iii) The Geographical Constituency (GC) – 20 Seats from 10 GCs

 The territories of Hong Kong will be divided into 10 GCs. Each constituency shall return
2 LegCo Members
Hong Kong Island East Hong Kong Island West
Kowloon East Kowloon West
Kowloon Central New Territories South East
New Territories North New Territories North West
New Territories North West New Territories North East

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  All registered GC electors aged 21 or above who have ordinarily resided in Hong Kong
for 3 years immediately preceding the nomination can be nominated as candidates.
 Candidates must fulfill the following two criteria:
o Nominated by 100 - 200 electors of the respective GC; and
o Nominated by 10 - 20 of the EC, including 2 - 4 members from each of the 5
sectors of the EC.
 Each member of the EC can only nominate 1 candidate in the GC election as a EC
member. Each registered GC elector can only nominate 1 candidate in his/her respective
GC as a GC elector.
 Electors may select one candidate by secret ballot, and the two candidates who obtain
the greatest number of votes shall be returned in the election.

2.3 The judiciary

 The courts of the Hong Kong Special Administrative Region at all levels shall be the
judiciary of the Region, exercising the judicial power of the Region.
 Courts at all levels include the Court of Final Appeal, the High Court, district courts,
magistrates’ courts and other special courts.
 The courts of the Hong Kong Special Administrative Region shall exercise judicial power
independently, free from any interference. Members of the judiciary shall be immune from
legal action in the performance of their judicial functions.
 The structure of the judiciary:

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Reference: Courts at different levels
It hears appeals on civil and criminal matters from the High Court (the
Court of Appeal and the Court of First Instance). This court may confirm,
Court of Final
reverse or vary the decision of the court from which the appeal lies or
Appeal
may remit the matter with its opinion to that court, or may make such
other order in the matter as it thinks fit.
The High Court is made up of the Court of Appeal and the Court of First
Instance. The Court of Appeal hears appeals on all civil and criminal
High Court matters from the Court of First Instance and the District Court. The Court
of First Instance has unlimited jurisdiction in both civil and criminal
matters. It also hears appeals from all levels of courts.
It deals with indictable offences transferred to it from the Magistrates’
District Court Courts. It may try all serious criminal cases except murder, manslaughter
and rape.
It deals mainly with divorce cases and related matters such as
Family Court maintenance and the welfare of children.
Magistrates’ They exercise criminal jurisdiction over a wide range of indictable and
Courts summary offences.
Competition
It deals with legal proceedings concerning competition matters.
Tribunal
It has jurisdiction to hear and adjudicate possession cases, building
Lands Tribunal management cases, compensation cases, compulsory sale cases and
appeal cases.
Labour Tribunal It settles monetary disputes between employees and employers.
Small Claims It deals with monetary claims not exceeding $75,000. The hearing of
Tribunal proceedings in the Tribunal is in an informal manner.
Obscene Articles It determines and classifies whether or not an article or other matter
Tribunal publicly displayed is obscene or indecent.
Coroner's Court Its task is to inquire into the causes and circumstances of certain deaths.

 Appointment of judges and judicial officers

 Judges shall be appointed by the Chief Executive on the recommendation of an
independent commission composed of local judges, persons from the legal profession
and eminent persons from other sectors.
 Judicial officers are appointed by the Chief Executive on the recommendation of the
Judicial Officers Recommendation Commission.

Judicial Officers Recommendation Commission

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 The functions of the Judicial Officers Recommendation Commission are to advise or make
recommendations to the Chief Executive regarding the filling of vacancies in judicial offices,
representations from judicial officers on conditions of service referred to it by the Chief
Executive, and any matter affecting judicial officers which may be prescribed or which the Chief
Executive may refer to it.

The Judicial Officers Recommendation Commission consists of 9 members. The Chief Justice
shall be the Chairman. Other members include the Secretary for Justice and 7 members
appointed by the Chief Executive of whom 2 shall be judges, 1 shall be a barrister and 1 shall be
a solicitor and 3 shall be persons who are not, in the opinion of the Chief Executive, connected in
any way with the practice of law.

2.4 District Organizations

 District Councils (DC) are district organizations of the HKSAR which are not organs of
political power
 The Government consults the District Councils on major issues affecting entire population of
Hong Kong. Their functions include:
 To be consulted by the Government on the district affairs affecting the livelihood and
living environment in the District and well-being of the people in the District
 To collect the views of the people in the District and to submit to the Government
 To establish a regular communication mechanism with the people in the District, to
meet with them and listen to their views regularly
 To support and assist in the promotion of laws and Government policies in the District,
assist the Government in carrying out various consultation, publicity and liaison
activities
 To provide services for people in the District and to assist a smooth delivery of cultural,
recreational, environmental sanitary and other services relating to the interests of the
people in the District under the coordination of the Government, etc.
 There are 470 District Council members from the 18 District Councils, and the term of office
is four years. All District Council members must be sworn in.

2.5 Standards on “Patriots administering Hong Kong”

 To ensure that people vested with Hong Kong’s governing powers are patriotic, it is
necessary to act in strict compliance with the Constitution and the Basic Law, respect the
leadership of the Central Authorities, and have sound systemic safeguards, such as improving
the electoral system and maintaining an executive-led system:

 Restriction to nationality: the Chief Executive, members of the Executive Council,

the President of LegCo, important principal officials, the Chief Justice of the Court
of Final Appeal and the Chief Judge of the High Court of the HKSAR shall be

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 Chinese citizens who are permanent residents of the HKSAR with no right of
abode in any foreign country.
 Oath-taking requirement: the Chief Executive, principal officials, members of the
Executive Council and of the Legislative Council, judges of the courts at all levels
and other members of the judiciary in the HKSAR must, in accordance with law,
swear to uphold the Basic Law and swear allegiance to the HKSAR.
 Provisions of the National Security Law: The National Security Law has relevant
requirements for those governing Hong Kong, so as to maintain the prosperity and
stability of the HKSAR.

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